Legal Opinion

Government of the Virgin Islands v. Fabiani-Ogno

Supreme Court of The Virgin Islands

Decided March 29, 1984No. Criminal Nos. F.88, 89 & 90-1983PublishedCited by 1 opinion

1Opinion of the CourtHodge, Presiding Judge

MEMORANDUM OPINION

I

In this opinion the court makes clear the distinction between the exceptions to the warrant requirement and the exceptions to the exclusionary rule. This distinction is significant because a holding that a search and seizure is illegal does not automatically mean that the evidence must be suppressed under all circumstances or for all purposes.

Here, three consolidated cases are before the court on the defendants’ motion to suppress contraband seized without a warrant. They contend that the search which produced the contraband violated their Fourth Amendment rights, and…

2Cases cited18 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Coolidge v. New HampshireSupreme Court of the United States · 1971
  3. Stone v. PowellSupreme Court of the United States · 1976
  4. Weeks v. United StatesSupreme Court of the United States · 1914
  5. United States v. CalandraSupreme Court of the United States · 1974

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3Cited by1 opinion

  1. People v. ArchibaldSuperior Court of The Virgin Islands · 2008

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