The exclusionary rule becomes narrower as the prosecutors become more aggressive. 3) Notably, the court vacated the merits ruling that a warrant was required even though DOJ did not ask the court ...

The new Ninth Circuit case, Dreyer, strikes me as a vestige of the mid-20th century free-form view of the exclusionary rule.The lower courts in the 1960s and 1970s had a few areas where they ...

Exclusionary rule is aimed at procedure, not… Share this: Click to share on Facebook (Opens in new window) Click to share on Twitter (Opens in new window) ...

A constitutional concept that increasingly seems to contradict its own label, the “exclusionary rule,” is fading further as a restraint on police evidence-gathering. A solid majority on the Supreme ...

Scalia was often in good company in voting to limit the rule’s scope. Although it’s often forgotten today, the exclusionary rule was a significant political issue in the 1980s. The Reagan ...

In this case, the Minnesota Supreme Court is considering the scope of a crucial doctrine that protects criminal defendants from being convicted based on evidence obtained in violation of their ...

In 1961, the court extended the exclusionary rule to exclude evidence obtained in violation of the Fourth Amendment (unreasonable searches and seizures). In 1966, ...

The best and simplest alternative to this framework would be for the Supreme Court to rule that exclusionary zoning is a “per se” (which is to say, automatic) taking, ...