NCJ Number
7816
Journal
FBI Law Enforcement Bulletin Volume: 41 Issue: 10 Dated: (OCTOBER, 1972) Pages: 22-26
Date Published
1972
Length
5 pages
Annotation
OVERVIEW OF THE JUDICIAL HISTORY RELATING TO THE ADMISSIBILITY OF EVIDENCE SEIZED ILLEGALLY BY PRIVATE PERSONS.
Abstract
BURDEAU V. MCDOWELL, DECIDED BY THE SUPREME COURT IN 1921, IS THE BASIS FOR THE OVERWHELMING WEIGHT OF AUTHORITY THAT EVIDENCE OTHERWISE ADMISSIBLE IS NOT MADE INADMISSIBLE BY THE FACT THAT IT WAS OBTAINED THROUGH A WRONGFUL SEIZURE BY A PRIVATE PARTY. HOWEVER, EVIDENCE WILL BE EXCLUDED WHERE A PRIVATE INDIVIDUAL CONDUCTED THE LAWLESS SEARCH UPON THE SUGGESTION, REQUEST, OR ORDER OF GOVERNMENT OFFICIALS. (AUTHOR ABSTRACT)