 | 1976
...fourth amendment: 17 "The rule is calculated to prevent, not to repair. Its purpose is to deter — to compel respect for the constitutional guaranty...— • by removing the incentive to disregard it." 18 Essentially the courts have reasoned that on balance it is preferable to protect the constitution... | |
 | United States. Supreme Court - 1961
...Only last year the Court itself recognized that the purpose of the exclusionary rule "is to deter — to compel respect for the constitutional guaranty...incentive to disregard it." Elkins v. United States, supra, at 217. Indeed, we are aware of no restraint, similar to that rejected today, conditioning the... | |
 | United States. Supreme Court - 1961
...exclusionary rule itself. The rule is calculated to prevent, not to repair. Its purpose is to deter — to compel respect for the constitutional guaranty...way — by removing the incentive to disregard it. See Eleuteri v. Richman, 26 NJ 506, 513, 141 A. 2d 46, 50. Mr. Justice Jackson summed it up well :... | |
 | United States. Supreme Court - 1961
...exclusionary rule itself. The rule is calculated to prevent, not to repair. Its purpose is to deter — to compel respect for the constitutional guaranty...way — by removing the incentive to disregard it. See Eleuteri v. Richman, 26 NJ 506, 513, 141 A. 2d 46, 50. Mr. Justice Jackson summed it up well: "Only... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1968
...nothing short of mandatory exclusion of the illegal evidence will compel respect for the federal law "in the only effectively available way — by removing...to disregard it." Elkins v. United States, 364 US, at 217. Reversed. MR. JUSTICE BLACK, dissenting. In 1937, Nardone v. United States, 302 US 379, held... | |
 | United States. Supreme Court - 1969
...not mentioned in the State Warden's petition for a writ of certiorari. BLACK, J., dissenting. 394 US to compel respect for the constitutional guaranty...way — by removing the incentive to disregard it." This same recognition that no personal right of the prisoner can be vindicated in these Fourth Amendment... | |
 | United States. Tax Court - 1984
...at 446; see Stone v. Powell, 428 US 465, 486 (1976); United States v. Calandra, 414 US 338, 347^*8 (1974). The exclusionary rule is "calculated to prevent,...[Tirado v. Commissioner, 689 F.2d 307, 309, 310 (2d Cir. 1982); fn. ref. omitted.] The majority assumes for purposes of this case that the Government's case... | |
 | United States. Tax Court - 1972
...noted (364 US at 217): The rule is calculated to prevent, not to repair. Its purpose is to deter — to compel respect for the constitutional guaranty...way — by removing the incentive to disregard It. And in Camara v. Municipal Court, supra, which involved a warrantless search pursuant to the San Francisco... | |
 | United States. Congress. House. Committee on the Judiciary. Subcommittee No. 3 - 1971
..."to compel respect for the constitutional guarantee [to be free from unreasonable search and seizure] in the only effectively available way — by removing...incentive to disregard it." (Elkins v. United States (1960) 364 US 206, 217.) "By denying any profit from the unconstitutional methods of law enforcement... | |
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