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 exclusionary rule prohibits evidence collected as part of an unreasonable search and seizure from being admitted in court. The evidence cannot be used to help a prosecutor prove guilt.

In this final post, I’d like to bring the discussion full circle by asking what the due process exclusionary rule has to say about the most pressing exclusionary question currently facing the ...

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 ...

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, ...