Calandra, United States v. 414 U.S. 338 (1974)

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CALANDRA, UNITED STATES v. 414 U.S. 338 (1974)

In Calandra the Court refused to apply the exclusionary rule to bar a grand jury from questioning a witness on the basis of unlawfully seized evidence. The Court pointed out that although grand juries are subject to certain constitutional limitations, they are not bound by the restrictive procedures that govern trials. Since the exclusionary rule is not a constitutional right that redresses an invasion of privacy, but rather a deterrent against future police misconduct, its application should be restricted to situations where it will be most effective as a remedy. Exclusion at the grand jury level would deter only those searches in which evidence is intended solely for grand jury use; if the evidence should be presented at a subsequent trial, it would be excluded.

Jacob W. Landynski