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Competing Exclusionary Rules in Multistate Investigations: Resolving Conflicts of State Search-and-Seizure Law
McGlynn, Megan
McGlynn, Megan
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Abstract
The judiciary has long struggled to resolve conflicts of state search-and-seizure law. The issue arises when a search occurs in one state, but the defendant is prosecuted in another. For example, suppose a crime is committed in State A. In the course of investigating an entirely different crime, State B officers perform a search and uncover evidence of the State A crime. The search was unlawful and the evidence would be excluded under State B's constitution, but the search was lawful under State A’s constitution. Should the evidence be admitted because forum law applies or excluded because the law of the situs of the search applies? What if State A officers perform a search in State B for a case tried in State A?