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Report No. 94

Chapter 7

Position in U.S.A.

7.1. Search and seizure (Fourth Amendment).-

The American law illustrates a position at the extreme, in view of one of the constitutional guarantees as judicially interpreted in that country. Examples of this approach can be drawn from the Fourth Amendment in a large number. A fairly up-to-date American work on Evidence gives a neat and concise statement of the law as to search and seizure in that country in these terms:-1

"Evidence obtained as a not-too-remote or not-too attenuated result of violation of the federal Constitutional prohibition against illegal government sponsored searches and seizures (matter in parenthesis omitted in this quotation) cannot be admitted as substantive evidence in a criminal case in any court in the land (matter in parenthesis omitted in this quotation) as against the person whose rights were invaded."

Matter appearing in the first parenthesis (in the above statement of the position) relates to the federal constitutional prohibition. It states that the federal Constitutional prohibition against illegal searches and seizures in the Fourth Amendment "is applicable against agents of the States by virtue of the Fourteenth Amendment-the two provisions being probably co-terminous as interpreted in the present respect". Matter appearing in the second parenthesis in the above statement states that the bar against admission as substantive evidence in a criminal case arises "again by virtue of the Fourth and Fourteenth Amendments which are again probably co-terminous for these purposes."

1. Rothstein Evidence in a Nutshell, (May 1981), p. 465.



Evidence Obtained Illegally or Improperly - Proposed Section 166a of the Indian Evidence Act, 1872 Back




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