Legal Opinion

Rodgers v. United States

District Court, S.D. California

Decided January 6, 1958No. 2083PublishedCited by 27 opinions

1Opinion of the Court

JAMES M. CARTER, District Judge.

This case presents a disturbing problem in the administration of criminal justice — i. e., pre-indictment motions or proceedings to suppress evidence, — in reality an attempt to try a civil proceeding concerning evidence allegedly illegally seized, prior to the trial of the criminal proceeding in which the seizure evidence is to be used. No picture need be painted of the impact of such techniques on the administration of criminal justice, if they are allowed to go unchallenged. 1 On the other hand, every defendant must necessarily have the unfettered right…

Also in this document: Per curiam.

2Cases cited63 opinions

  1. Weeks v. United StatesSupreme Court of the United States · 1914
  2. Silverthorne Lumber Co. v. United StatesSupreme Court of the United States · 1920
  3. Myers v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1938
  4. Agnello v. United StatesSupreme Court of the United States · 1925
  5. Gouled v. United StatesSupreme Court of the United States · 1921

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3Cited by27 opinions

  1. DiBella v. United StatesSupreme Court of the United States · 1962
  2. Louis Sager Hunsucker, Jr. v. Robert L. Phinney, District Director of Internal RevenueCourt of Appeals for the Fifth Circuit · 1974
  3. In Re Grand Jury Proceedings, Harrisburg, Pennsylvania. In the Matter of Joques EganCourt of Appeals for the Third Circuit · 1971
  4. State v. CollinsOhio Supreme Court · 1970
  5. E. Nadine Rodgers v. United StatesCourt of Appeals for the Ninth Circuit · 1959

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