Question Suspecting that a husband had slain his wife, police detectives persuaded one of the husband's colleagues at work to remove a drinking glass from the husband's office so that it could be used for fingerprint comparisons with a knife found near the body. The fingerprints matched. The prosecutor announced that he would present comparisons and evidence to the grand jury. The husband's lawyer immediately filed a motion to suppress the evidence of the fingerprint comparisons so as to bar its consideration by the grand jury, contending that the evidence was illegally acquired. Should the motion be granted

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14-06-2022
Law

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Question Suspecting that a husband had slain his wife, police detectives persuaded one of the husband's colleagues at work to remove a drinking glass from the husband's office so that it could be used for fingerprint comparisons with a knife found near the body. The fingerprints matched. The prosecutor announced that he would present comparisons and evidence to the grand jury. The husband's lawyer immediately filed a motion to suppress the evidence of the fingerprint comparisons so as to bar its consideration by the grand jury, contending that the evidence was illegally acquired. Should the motion be granted

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jayilych4real jayilych4real · Answer 1 · 2022-07-01T06:04:23+02:00

No, the motion should not be granted. This is because any motion based on the exclusionary rule is premature in grand jury proceedings.

What is a Grand Jury?

This refers to the group of people that are about 23 in number and deliver judgment on an accused.

Hence, based on the exclusionary rule that protects the rights of an accused from using illegal evidence, this rule cannot be used in this case because it is considered premature.

Read more about grand juries here:

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