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 ...

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.

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 ...

The exclusionary rule of the Fourth Amendment is an imperfect remedy to search and seizure violations, but it's the only remedy we have.

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, ...