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
The following excerpt is from Gates v. Henderson, 568 F.2d 830 (2nd Cir. 1978):
6 Chief Justice Burger pointed out in his concurring opinion in Stone v. Powell, supra, 428 U.S. at 496, 96 S.Ct. 3037, at 3053, the distinction between evidence obtained as a result of an alleged violation of the Fifth Amendment and the reliable evidence obtained in an allegedly unlawful search and seizure under the Fourth Amendment:
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