Dirty Silver Platters: The Enduring Challenge of Intergovernmental Investigative Illegality

Logan, Wayne A.
November 2013
Iowa Law Review;Nov2013, Vol. 99 Issue 1, p293
Academic Journal
This Essay addresses a longstanding concern in American criminal justice: that law enforcement agents of different governments will work together to evade a legal limit imposed by one of the governments. In the past, with the U.S. Supreme Court in the lead, courts were prone to closely scrutinize intergovernmental investigative efforts, on vigilant guard against what the Court called improper "working arrangements. "Judicial vigilance, however, has long since waned, a problematic development that has assumed added significance over time as investigations have become increasingly multijurisdictional and technologically sophisticated in nature. The Essay offers the first comprehensive examination of this phenomenon and its many negative consequences, highlighting the need for more exacting judicial scrutiny of intergovernmental investigations. Without such scrutiny, modern silver platter doctrine, which allows admission of evidence illegally secured by non-forum agents found to be acting independently of agents of the forum court, is permitted to reign supreme. The Essay thus picks up where mid-twentieth-century courts left off, providing a reinvigorated framework to smoke out forum government agent involvement in investigations and condemn the legal evasion that it allows. In doing so, the Essay shines a spotlight on a critically important matter implicating core rule-of-law and governmental transparency values, which will assume ever-greater importance in coming years as governments accelerate their combined investigative efforts in the battle against crime and domestic terrorism.


Related Articles

  • Federal Courts: Polishing the Tarnished Silver Platter Doctrine. Wennar, Jeffrey T. // Maryland Bar Journal;Jan/Feb2015, Vol. 48 Issue 1, p42 

    The article focuses on the Silver Platter Doctrine, a part of Exclusionary Rule which allows the state law enforcement officers who had violated the Fourth Amendment to offer the evidence to federal prosecutors to introduce the evidence in federal court. It mentions that the opinions of the U.S....

  • Supreme Court cases. McCormack, William U. // FBI Law Enforcement Bulletin;Oct94, Vol. 63 Issue 10, p27 

    Presents six cases of particular importance to law enforcement officers and managers during the 1993-1994 term of the US Supreme Court. Davis v. United States; Stansbury v. California; Madsen v. Women's Health Center, Inc.; Waters v. Churchill; Harris v. Forklift Systems, Inc.; United States v....

  • Supreme Court cases. McCormack, William U. // FBI Law Enforcement Bulletin;Oct93, Vol. 62 Issue 10, p27 

    Discusses cases decided on by the United States Supreme Court during the 1992-1993 term which are of particular importance to law enforcement. Minnesota v. Dickerson; United States v. Padilla; Soldal v. Cook County, Illinois; Withrow v. Williams; More.

  • The Rule of Law Is at Work in Opera and the Supreme Court. S. F. W. // ABA Journal;Sep2012, Vol. 98 Issue 9, p63 

    The article presents information on the use of opera in the rule of law and the U.S. Supreme Court while discussing the importance of freedom along with related photographs.

  • Gagged, Sealed & Delivered: Reforming ECPA's Secret Docket. Smith, Stephen Wm. // Harvard Law & Policy Review;Jul2012, Vol. 6 Issue 2, p313 

    The article presents information on the reformation on the Electronic Communications Privacy Act of 1986 of the U.S. regarding the forms of the electronic surveillance in the country. The law enforcement under the amendment of the Electronic Communications Privacy Act is weighed by the...

  • Kyllo v. United States: Technology Versus Individual Privacy. Colbridge, Thomas D. // FBI Law Enforcement Bulletin;Oct2001, Vol. 70 Issue 10, p25 

    Discusses the Supreme Court's decision in the Kyllo versus United States case and its restriction on police use of thermal-imaging devices. Stance taken by the Court on the concept of search under the Fourth Amendment; How the thermal-imaging technology works; Background on the Kyllo case;...

  • Suspects, convicts see rights recede. Marquand, Robert // Christian Science Monitor;10/30/97, Vol. 89 Issue 235, p1 

    Looks at decisions by the United States Supreme Court which have given law enforcement officials greater freedoms in dealing with suspects as of October of 1997. How the decisions have impacted the laws governing police in the search and seizure of property; The possible limitation of habeas...

  • DON'T ANSWER THE DOOR: Montejo v. Louisiana RELAXES POLICE RESTRICTIONS FOR QUESTIONING NON-CUSTODIAL DEFENDANTS. Bretz, Emily // Michigan Law Review;Nov2010, Vol. 109 Issue 2, p221 

    In 2009, the Supreme Court held in Montejo v. Louisiana that a defendant may validly waive his Sixth Amendment right to counsel during police interrogation, even if police initiate interrogation after the defendant's invocation of the right at the first formal proceeding. This Note asserts that...

  • Supreme Court Guns Down State Firearm Restrictions, The Chicago Way. Reville, Patrick J. // Journal of Business Case Studies;May/Jun2011, Vol. 7 Issue 3, p1 

    It was February 14, 1929. The United States was still experiencing the "Roaring Twenties". The stock market had not yet crashed, and Prohibition, that 'noble experiment", was nearing the end of a tumultuous decade. A group of five apparent law enforcement personnel, some in uniform, some not,...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics