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suppression of evidence |
Also found in: Wikipedia | 0.03 sec. |
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suppression of evidence n. 1) a judge's determination not to allow evidence to be admitted in a criminal trial because it was illegally obtained or was discovered due to an illegal search. 2) the improper hiding of evidence by a prosecutor who is constitutionally required to reveal to the defense all evidence. Such suppression is a violation of the due process clause (5th Amendment, applied to states by the 14th Amendment) and may result in dismissal, mistrial, or reversal on appeal, as well as contempt of court for the prosecutor. (See: evidence) |
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? References in periodicals archive |
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Accidental failures to negotiate the Miranda maze have resulted in the suppression of evidence in subsequent criminal cases,(4) but generally have not resulted in any successful civil suits against law enforcement officers or agencies. Burger on the Suppression of Evidence, 1956-86," was published in the Creighton Law Review the summer before Braswell entered law school. If the government violates the 7-day notice requirement by failing to obtain the initial authorization for delayed notice or by failing to adequately support the need for extensions, the remedy for such violation is likely to be suppression of evidence subsequently obtained during the follow-up traditional search. |
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