Justice Roberts, writing for the five-justice majority, framed the exclusionary rule as simply a judicial rule designed solely to deter police misconduct. In her Herring dissent, Justice Ginsburg alluded to a very different vision, a "more majestic" conception of the exclusionary rule. As noted ...
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-...
The Supreme Court has rejected the exclusionary rule as the default remedy for Fourth Amendment violations. This article analyses police motivations for violating the knock-and-announce rule, considers why current remedies are ineffective, and suggests enhanced judicial and administrative remedies.Hilton...
a regulated experiment - crafted and enacted into law by Congress pursuant to its Section 5 power to enforce the Fourteenth Amendment - whereby federal, state and local law enforcement agencies can operate free of the exclusionary rule if they develop internal mechanisms to deter police misconduct ...
government actors are obliged to honor the Constitution; otherwise, without a deterrent safeguardapplicable rule is nominal, if not apocryphal, because the rule does not deter police misconduct. A paramount rationale for the exclusionary rule is deterrence of po- lice misconductHarkins, Christopher A...
First, I debunk the myth that the contemporary exclusionary rule is constitutionally required in order to achieve several objectives, which include but are not limited to deterring future police misconduct. Second, I discredit the assertion that even if the rule is intended only to deter future ...