著者

河野 通弘

出版者

関西学院大学

雑誌

法と政治 (ISSN:02880709)

巻号頁・発行日

vol.36, no.1, pp.71-119, 1985-03-20

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It seems to be very difficult in the Japanese criminal procedure that the accused has an opportunity to controvert the propriety of the issued warrants in the proceedings before trial. In the American judicial system, however, the defendant aggrieved by an unreasonable search or/and seizure with a warrant may make the challenge to the "sufficiency" and "veracity" of the affidavits underlying the warrant in the pre-trial suppression hearings. The author intends to clarify what principles base the right of challenge to warrants through the examination of informant's cases in the United States of America, and thereby help the solution of the same problem in the Japanese criminal justice. This paper is contended as follows : Introduction I. Preliminary Considerations 1. Pre-trial Proceedings in Federal System 2. Informants II. Challenge to Warrants 1. Availability of Hearsay Evidence in Warrant Affidavits 2. Challenge to the Sufficiency of Affidavits (1) Sufficiency Challenge (2) Two-pronged Test for Probable Cause 3. Challenge to the Veracity of Affidavits (1) Cases before Franks v. Delaware (2) Franks Decision III. Principles of the Right of Challenges Conclusion