Does a finding that evidence obtained pursuant to an arrest under an unconstitutional statute necessarily require that such evidence be suppressed?
"New York", United States of America
The following excerpt is from People v. Bright, 520 N.E.2d 1355, 526 N.Y.S.2d 66, 71 N.Y.2d 376 (N.Y. 1988):
1 In affirming, we do not address the issue of whether evidence obtained pursuant to an arrest under an unconstitutional statute necessarily requires that such evidence be suppressed, since the People apparently did not raise the issue below and have not raised this question on appeal ( see, Michigan v. DeFillippo, 443 U.S. 31, 99 S.Ct. 2627, 61 L.Ed.2d 343).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a search warrant obtained after a warrantless entry sufficient to suppress or suppress evidence seized pursuant to the search warrant? (MultiRegion, United States of America)
Can a motion to suppress evidence obtained with an invalid search warrant be denied if the officers who obtained the evidence had a reasonable belief in its validity? (MultiRegion, United States of America)
Does a technical violation of Rule 41 require suppression of evidence otherwise legally obtained? (MultiRegion, United States of America)
What is the difference between evidence obtained as a result of a violation of the Fifth Amendment and that reliable evidence obtained under the Fourth Amendment? (MultiRegion, United States of America)
What is the test for suppressing evidence obtained as a result of a warrantless entry, arrest and search? (MultiRegion, United States of America)
What is the current state of the law on arrest "across the threshold" of a residence where the arrest warrant requires a person to close the door to prevent the arrest? (MultiRegion, United States of America)
Does the overbreadth of the search warrant for the seizure of magazines from the Grove Street Garage (or the office of the accused) require suppression of evidence seized pursuant to the search? (MultiRegion, United States of America)
When a statute requires knowledge of the jurisdictional element of a claim, when the statute itself states that knowledge is not an essential element, is that knowledge required? (MultiRegion, United States of America)
Can a search of a truck pursuant to a warrantless search when Naidoo was arrested be used to suppress evidence seized from the truck? (MultiRegion, United States of America)
Does a motion to suppress evidence obtained pursuant to a search warrant have to include an affidavit? (MultiRegion, United States of America)
