Police-Obtained Evidence and the Constitution: Distinguishing Unconstitutionally Obtained Evidence from Unconstitutionally Used Evidence

Date

1989

Authors

Loewy, Arnold H.

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Abstract

In this article, Professor Arnold H. Loewy distinguishes between substantive Constitutional rights and procedural Constitutional rights and discusses how the difference should affect the introduction of evidence at trial. He walks through analyses of Fourth Amendment searches and seizures, Fifth Amendment Miranda violations, and Sixth Amendment right to counsel violations, discussing the purpose and history of each amendment. After establishing the histories, he then uses those origins to divide each right into either substantive or procedural. He finishes by looking at how the difference ought to affect whether evidence obtained in violation of these rights ought to be admissible at trial.

Description

Keywords

Fourth Amendment, Criminal law, Constitutional law, Sixth Amendment, Fifth Amendment, Right to counsel

Citation

87 Mich. L. Rev. 907