Define: Calandra Rule

Calandra Rule
Calandra Rule
Quick Summary of Calandra Rule

The Calandra rule, established in the 1974 court case United States v. Calandra, states that individuals called to testify in front of a grand jury can be compelled to answer questions regarding illegally obtained evidence by the police. This means that even if law enforcement acted improperly, the grand jury retains the authority to inquire about such matters.

Full Definition Of Calandra Rule

The Calandra rule, established in the 1974 case of United States v. Calandra, permits a grand-jury witness to be compelled to answer questions regarding certain items, even if those items were obtained illegally by the police. For instance, if the police unlawfully searched someone’s home and discovered evidence of a crime, the Calandra rule would still allow a grand-jury witness to be questioned about that evidence and required to provide answers. While this rule is controversial due to its allowance of evidence obtained through illegal means, it is deemed necessary to ensure that grand-juries can thoroughly investigate crimes and gather all pertinent information.

Calandra Rule FAQ'S

The Calandra Rule is a legal principle established by the U.S. Supreme Court in the case of United States v. Calandra. It states that evidence obtained through an invalid search warrant can still be used in a grand jury proceeding.

The Calandra Rule was established in 1974 by the U.S. Supreme Court.

The purpose of the Calandra Rule is to prevent the exclusion of evidence obtained through an invalid search warrant from being presented to a grand jury.

No, the Calandra Rule specifically applies to grand jury proceedings and does not extend to criminal trials.

No, evidence obtained through an invalid search warrant is generally excluded from being used in a criminal trial under the exclusionary rule.

Yes, there are exceptions to the Calandra Rule. For example, if the evidence obtained through an invalid search warrant violates the defendant’s Fourth Amendment rights, it may be excluded from a grand jury proceeding.

Yes, like any legal principle, the Calandra Rule can be challenged or overturned through subsequent court decisions or legislative action.

The Calandra Rule can limit defendants’ rights by allowing evidence obtained through an invalid search warrant to be used against them in a grand jury proceeding, potentially leading to criminal charges.

Yes, there are alternative legal doctrines, such as the exclusionary rule, which generally exclude evidence obtained through an invalid search warrant from being used in both grand jury proceedings and criminal trials.

Yes, the Calandra Rule is applicable in all jurisdictions within the United States as it was established by the U.S. Supreme Court and applies to federal grand jury proceedings. However, individual states may have their own rules and interpretations regarding the admissibility of evidence obtained through an invalid search warrant in state grand jury proceedings.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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