Criminal Procedure - Search and Seizure - Federal Court Injunction Against State Officer to Suppress Illegally Obtained Evidence in State Court

Authors

S. Anthony Benton, University of Michigan Law SchoolFollow

Abstract

Federal customs enforcement officers suspected plaintiff of theft from a waterfront pier. In the course of their investigation they searched plaintiff's home without a search warrant and detained plaintiff for questioning without first bringing him before a federal commissioner. Both acts violated the Federal Rules of Criminal Procedure. Defendant, a state officer, although not a participant in the search, was present during the illegal detention at the invitation of the federal officers. Plaintiff obtained an order in federal district court enjoining defendant from giving any testimony or producing any evidence in state criminal proceedings against him with respect to property illegally seized during the search and to statements obtained during the illegal detention. On appeal, held, affirmed, one judge dissenting. In the exercise of its supervisory powers over federal law enforcement agencies a federal court has the power to enjoin a state official from testifying in a state proceeding to information obtained by federal officers in an illegal search and an illegal detention. Bolger v. Cleary, 293 F.2d 368 (2d Cir. 1961).

Recommended Citation

S. A. Benton, Criminal Procedure - Search and Seizure - Federal Court Injunction Against State Officer to Suppress Illegally Obtained Evidence in State Court, 60 Mich. L. Rev. 217 (1961).
Available at: https://repository.law.umich.edu/mlr/vol60/iss2/7