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I think the case is interesting because it demonstrates a view of the exclusionary rule that I haven’t seen in a while. By the 1980s, after Warren Court revolution, the Supreme Court had a ...
I’m delighted to be guest-blogging about my forthcoming article, “The Due Process Exclusionary Rule.” Many thanks to Eugene and the other conspirators for inviting me! In this first post ...
His new book, The Constitution Today, contains much more material on several of this essay’s themes: the constitutional wrongness of the exclusionary rule, the principled power of originalism, the ...
WASHINGTON — The Supreme Court pulled back on the “exclusionary rule” Wednesday and ruled that evidence from an illegal search can be used if a police officer made an innocent mistake.
His scholarly work focuses on the Fourth Amendment and computer-related crimes. Justice Antonin Scalia was a strong opponent of the Fourth Amendment exclusionary rule. When the Court heard a case ...
In this case, the Virginia Supreme Court is considering whether the U.S. Constitution and/or the Virginia Constitution require the exclusionary rule—which protects people from unconstitutional ...
Like the "knock and announce" rule for police entry, the exclusionary rule, which requires dismissal of improperly obtained evidence in a criminal case, is not in the Constitution. As Amar notes ...
Stephen Chapman writes that ”the exclusionary rule is unpopular with the public because it sometimes allows the guilty to go free.” It is not the injustice of the criminal going unpunished ...
Professors Carolyn Long and Renee Hutchins talk about the application of the Exclusionary Rule. Javascript must be enabled in order to access C-SPAN videos. *This text was compiled from ...