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18 U.S.C. § 3504 — Litigation concerning sources of evidence

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3504 — Litigation concerning sources of evidence

**(a)** In any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, or other authority of the United States— (1) upon a claim by a party aggrieved that evidence is inadmissible because it is the primary product of an unlawful act or because it was obtained by the exploitation of an unlawful act, the opponent of the claim shall affirm or deny the occurrence of the alleged unlawful act; (2) disclosure of information for a determination if evidence is inadmissible because it is the primary product of an unlawful act occurring prior to June 19, 1968, or because it was obtained by the exploitation of an unlawful act occurring prior to June 19, 1968, shall not be required unless such information may be relevant to a pending claim of such inadmissibility; and (3) no claim shall be considered that evidence of an event is inadmissible on the ground that such evidence was obtained by the exploitation of an unlawful act occurring prior to June 19, 1968, if such event occurred more than five years after such allegedly unlawful act. **(b)** As used in this section “unlawful act” means any act the use of any electronic, mechanical, or other device (as defined in [section 2510(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2510/5&num=0&edition=prelim)) in violation of the Constitution or laws of the United States or any regulation or standard promulgated pursuant thereto.

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Source file: Laws/federal/codes/united-states-code/title-18/section-3504-litigation-concerning-sources-of-evidence--c125effbe0.md
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Source location: Title 18, Chapter 223, § 3504; chapter-223-witnesses-and-evidence.md

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**(a)** In any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, or other authority of the United States— (1) upon a claim by a party aggrieved that evidence is inadmissible because it is the primary product of an unlawful act or because it was obtained by the exploitation of an unlawful act, the opponent of the claim shall affirm or deny the occurrence of the alleged unlawful act; (2) disclosure of information for a determination if evidence is inadmissible because it is the primary product of an unlawful act occurring prior to June 19, 1968, or because it was obtained by the exploitation of an unlawful act occurring prior to June 19, 1968, shall not be required unless such information may be relevant to a pending claim of such inadmissibility; and (3) no claim shall be considered that evidence of an event is inadmissible on the ground that such evidence was obtained by the exploitation of an unlawful act occurring prior to June 19, 1968, if such event occurred more than five years after such allegedly unlawful act. **(b)** As used in this section “unlawful act” means any act the use of any electronic, mechanical, or other device (as defined in [section 2510(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2510/5&num=0&edition=prelim)) in violation of the Constitution or laws of the United States or any regulation or standard promulgated pursuant thereto.

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1534 — Removal hearing

**(a) In general** (1) **Expeditious hearing** — In any case in which an application for an order is approved under [section 1533(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1533/c/2&num=0&edition=prelim), a removal hearing shall be conducted under this section as expeditiously as practicable for the purpose of determining whether the alien to whom the order pertains should be removed from the United States on the grounds that the alien is an alien terrorist. (2) **Public hearing** — The removal hearing shall be open to the public. **(b) Notice** An alien who is the subject of a removal hearing under this subchapter shall be given reasonable notice of— (1) the nature of the charges against the alien, including a general account of the basis for the charges; and (2) the time and place at which the hearing will be held. **(c) Rights in hearing** (1) **Right of counsel** — The alien shall have a right to be present at such hearing and to be represented by counsel. Any alien financially unable to obtain counsel shall be entitled to have counsel assigned to represent the alien. Such counsel shall be appointed by the judge pursuant to the plan for furnishing representation for any person financially unable to obtain adequate representation for the district in which the hearing is conducted, as provided for in [section 3006A of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3006A&num=0&edition=prelim). All provisions of that section shall apply and, for purposes of determining the maximum amount of compensation, the matter shall be treated as if a felony was charged. (2) **Introduction of evidence** — Subject to the limitations in subsection (e), the alien shall have a reasonable

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3504 — Litigation concerning sources of evidence

Page 777 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3504 The presence or absence of any of the above- mentioned factors to be taken into consider- ation by the judge need not be conclusive on the issue of voluntariness of the confession. (c) In any criminal prosecution by the United States or by the District of Columbia, a confes- sion made or given by a person who is a defend- ant therein, while such person was under arrest or other detention in the custody of any law-en- forcement officer or law-enforcement agency, shall not be inadmissible solely because of delay in bringing such person before a magistrate judge or other officer empowered to commit per- sons charged with offenses against the laws of the United States or of the District of Columbia if such confession is found by the trial judge to have been made voluntarily and if the weight to be given the confession is left to the jury and if such confession was made or given by such per- son within six hours immediately following his arrest or other detention: Provided, That the time limitation contained in this subsection shall not apply in any case in which the delay in bringing such person before such magistrate judge or other officer beyond such six-hour pe- riod is found by the trial judge to be reasonable considering the means of transportation and the distance to be traveled to the nearest available such magistrate judge or other officer. (d) Nothing contained in this section shall bar the admission in evidence of any confession made or given voluntarily by any person to any other person without interrogation by anyone, or at any time at which the person who made or gave such confession was not under arrest or other detention. (e) As used in this section, the term ‘‘confes- sion’’ m

Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 3504

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