criminal prosecution in esse
Defined in 1 dictionary — Case Law
Definitions from Case Law
From 369 U.S. 121 - Di Bella v. United States · 1962Most cited · 1,824 citing opinions
When at the time of ruling there is outstanding a complaint, or a detention or release on bail following arrest, or an arraignment, information, or indictment—in each such case the order on a suppression motion must be treated as 'but a step in the criminal case preliminary to the trial thereof.' Only if the motion is solely for return of property and is in no way tied to a criminal prosecution in esse against the movant can the proceedings be regarded as independent.