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destructo_low
Oh yeah!




Registered: 10/07/08
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The exclusionary rule does not apply during grand jury proceedings.
#14139345 - 03/17/11 08:42 PM (13 years, 2 months ago) |
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Why is this so? Why do they refuse to dismiss evidence before a grand jury? Do they submit the evidence, but you still have a chance to have it dismissed and the case thrown out, or what? I have an indictment before a grand jury coming up in a few months, and I was hoping to have the evidence and the case dismissed due to illegal search and seizure. Am I screwed here, or would I still be able to pull it off?
From Wikipedia:
Quote:
For example, the exclusionary rule does not apply to evidence presented to a grand jury; the exclusionary rule states that evidence obtained in violation of the Fourth, Fifth or Sixth amendments cannot be introduced in court.
-------------------- There is a molecule for every purpose. There are only actions and reactions. Cut out the middle men. Everything I say is a lie.
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shroomer8er
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Re: The exclusionary rule does not apply during grand jury proceedings. [Re: destructo_low]
#14139454 - 03/17/11 09:00 PM (13 years, 2 months ago) |
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I would seriously consider a lawyer.
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Chespirito
Stranger



Registered: 02/13/09
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Re: The exclusionary rule does not apply during grand jury proceedings. [Re: destructo_low]
#14139468 - 03/17/11 09:03 PM (13 years, 2 months ago) |
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Yes I believe that is accurate since the grand jury does not determine guilt, only whether a crime has been committed. (" A grand jury proceeding is not an adversary hearing in which the guilt or innocence of the accused is adjudicated. Rather, it is an ex parte investigation to determine whether a crime has been committed and whether criminal proceedings should be instituted against any person. HN1The grand jury's investigative power must be broad if its public responsibility is adequately to be discharged." US v. Calandra, 414 U.S. 338, 343, 344.
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Chespirito
Stranger



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Re: The exclusionary rule does not apply during grand jury proceedings. [Re: destructo_low]
#14139483 - 03/17/11 09:05 PM (13 years, 2 months ago) |
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"The purpose of the Fourth Amendment is to prevent unreasonable governmental intrusions into the privacy of one's person, house, papers, or effects. The wrong condemned is the unjustified governmental invasion of these areas of an individual's life. That wrong, committed in this case, is fully accomplished by the original search without probable cause. Grand jury questions based on evidence obtained thereby involve no independent governmental invasion of one's person, house, papers, or effects, but rather the usual abridgment of personal privacy common to all grand jury questioning. Questions based on illegally obtained evidence are only a derivative use of the product of a past unlawful search and seizure. They work no new Fourth Amendment wrong. Whether such derivative use of illegally obtained evidence by a grand jury should be proscribed presents a question, not of rights, but of remedies."
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destructo_low
Oh yeah!




Registered: 10/07/08
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Last seen: 11 years, 20 hours
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Re: The exclusionary rule does not apply during grand jury proceedings. [Re: shroomer8er]
#14139550 - 03/17/11 09:17 PM (13 years, 2 months ago) |
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Quote:
shroomer8er said: I would seriously consider a lawyer.
I've got one.
-------------------- There is a molecule for every purpose. There are only actions and reactions. Cut out the middle men. Everything I say is a lie.
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zappaisgod
horrid asshole


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Re: The exclusionary rule does not apply during grand jury proceedings. [Re: destructo_low]
#14142107 - 03/18/11 08:34 AM (13 years, 2 months ago) |
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Then why are you asking us idiots?
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luvdemshrooms
Two inch dick..but it spins!?


Registered: 11/29/01
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Re: The exclusionary rule does not apply during grand jury proceedings. [Re: zappaisgod]
#14142716 - 03/18/11 11:19 AM (13 years, 2 months ago) |
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Quote:
zappaisgod said: Then why are you asking us idiots?
Because this way, sooner or later, he'll get the answer he WANTS to hear.
Won't matter if it's right or not. It'll satisfy his preconceived notion of what's right or wrong.
-------------------- You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers
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