Section 15.40 Fourth Amendment Limitations
| Library | App Ct Prac 2015 Supp |
3. (§15.40) Fourth Amendment Limitations
“[W]here the State has provided an opportunity for full and fair litigation of a Fourth Amendment claim, a state prisoner may not be granted federal habeas corpus relief on the ground that evidence obtained in an unconstitutional search or seizure was introduced at his trial.” Stone v. Powell, 428 U.S. 465, 494 (1976).
The Supreme Court said that the deterrent effect of the rule of exclusion was not sufficiently furthered by allowing collateral attack. The same...
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