(33.) See Tracey Maclin & Jennifer Rader, No More Chipping Away: The Roberts Court Uses an Axe to Take Out the Fourth Amendment Exclusionary Rule
, 81 MISS.
Neither the exclusionary rule
nor the threat of civil liability deters police misconduct, leaving scholars to cast about for alternative measures.
While this so-called good faith exception (11) to the exclusionary rule
, along with the other exclusionary rule
exceptions, seem to be violations of the Fourth Amendment, the Supreme Court sanctioned these exceptions as constitutional in numerous decisions.
The exclusionary rule
in the United States calls on judges to sort the dirty laundry in the government's case and to exclude from criminal trials evidence that the police obtain through constitutional violations.
"Otherwise known as the exclusionary rule
of the fruit of the poisonous tree doctrine, this constitutional provision prohibits the issuance of general warrants that encourage law enforcers to go on fishing expeditions.
"The rule against reflective loss presents an obstacle to accessing justice for the directors and shareholders of insolvent businesses as it acts as an exclusionary rule
, preventing business owners from pursuing their own personal claims for losses resulting from a company's losses when it goes into insolvency," Heather Buchanan, executive director of the APPG said.
693 (1965) (Fourth Amendment exclusionary rule
applies to state civil forfeiture proceedings that are of a "quasi-criminal nature").
During Prohibition, when intrusive and unreasonable police searches were commonplace, courts attempted to deter these affronts to privacy by introducing the exclusionary rule
. Decades later, the Warren Court continued to adhere to this approach, expanding the exclusionary rule
's reach from the search-and-seizure context to new and very different problems, like coerced confessions and the excessive use of force.
This casebook presents cases and problems meant to stimulate thought and classroom discussion and help students learn investigative criminal procedure doctrine from arrest, search, and seizure to the exclusionary rule
, along with trends in the law and criminal procedure skills.
Even assuming that there was a violation of the Fourth Amendment here, the good faith exception to the exclusionary rule
Under the current good-faith exception to the exclusionary rule
, federal courts must also determine whether an officer relied upon local appellate precedent at the time of the search.
Recent Liberty and the Law topics include the Exclusionary Rule
and how it applies to individuals, criminal sanctions provided by the State of Illinois that protect children and child-related areas, and an analysis of the Supreme Court's decision on Carpenter v.