 The essence of a provision forbidding the acquisition of evidence in a certain way is that not merely evidence so acquired shall not be used before the court but that it shall not be used at all.  The Federal Reporter - Page 6831922Full view - About this book
 | Oliver Wendell Holmes - Biography & Autobiography - 1996 - 378 pages
...instead of one. In our opinion such is not the law. It reduces the Fourth Amendment to a form of words. The essence of a provision forbidding the acquisition...before the court but that it shall not be used at all. Of course this does not mean that the facts thus obtained become sacred and inaccessible. If knowledge... | |
 | Howard W. Goldstein, Steven M. Witzel - Law - 2021 - 840 pages
...314 (1937). 4 See Nardone v. United Stales, 308 US 338, 340-341, 60 S.Ct. 266, 84 L.Ed. 307 (1939) ("The essence of a provision forbidding the acquisition...the court, but that it shall not be used at all.") (citing Silverthorne Lumber Co. v. United States, 251 US 385, 392 (1920)). 5 See Goldman v. United... | |
 | Kermit Hall - Civil rights - 2000 - 446 pages
...seemed likely to prevail. But in a three-page opinion by Justice Holmes, the Court held otherwise. "The essence of a provision forbidding the acquisition of evidence in a certain way," Holmes wrote, "is that not merely evidence so acquired shall not be used before the Court but that... | |
 | Gerson Trüg - Law - 2003 - 570 pages
...The] essence of a provision forbidding the aquisition of evidence in a certain way is not merely that evidence so acquired shall not be used before the court but that it shall not be used at all"; vgl. auch Morrison, NY Univ. L. Rev. 98, S. 885. Der Wechsel von Chief Justice Warren zu Chief Justice... | |
 | James R. Acker, David C. Brody - Law - 2004 - 1342 pages
...the very documents illegally viewed, expressed succinctly the policy of the broad exclusionary rule: "The essence of a provision forbidding the acquisition...before the Court but that it shall not be used at all. Of course this does not mean that the facts thus obtained become sacred and inaccessible. If knowledge... | |
 | Samuel Dash - History - 2004 - 194 pages
...exclusionary rule governing illegally acquired evidence by the government mandated "not merely [that] evidence so acquired shall not be used before the court but that it shall not be used at all." Nevertheless the Burger majority agreed to review Calandra on the government's petition, reversed the... | |
 | Maryann Zihala - Law - 2005 - 234 pages
...sanction in the judgments of the courts. ..." Weeks v. United States, supra and that such evidence "shall not be used at all." Silverthorne Lumber Co. v. United States, supra. . . . In 1949, 35 years after Weeks was announced, this Court, in Wolf v. Colorado, supra, again... | |
 | George P. Fletcher, Steve Sheppard - Law - 2005 - 696 pages
...the judgments of the courts . . . ," Weeks v. United States, supra, at 392, and that such evidence "shall not be used at all." Silverthorne Lumber Co. v. United States, supra, at 392. There are in the cases of this Court some passing references to the Weeks rule as being... | |
 | Michael A. Cretacci - Law - 2008 - 434 pages
...forbidden act. ... In our opinion such is not the law. It reduces the Fourth Amendment to a form of words. The essence of a provision forbidding the acquisition...before the Court but that it shall not be used at all. . . . [T]he knowledge gained by the Government's own wrong cannot be used by it in the way proposed."... | |
| |
