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RESEARCH
A Federal agent illegally seized evidence of an illicit alcohol still. The Supreme Court held that the officer had ample time to secure a search warrant and failed to do so.
Whether the defendant is entitled to the return of his contraband property?
No. The exclusionary rule prohibits the government from using illegally obtained evidence in its case-in-chief against the defendant. It does not compel the government to return contraband to the defendant.
Where officers illegally seize property in violation of the Fourth Amendment that is contraband, the owner is not entitled to its return. The exclusionary rule only entitles the defendant to have the unlawfully seized property suppressed as evidence.
334 U.S. 699, 68 S. Ct. 1229 (1948)
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