In an en banc ruling, the Third Circuit adopts a narrow view of the exclusionary rule and vacates its prior ruling that installing a GPS device requires a warrant. Here are three thoughts on the ...

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 ...

Utah v. Strieff is a significant win for the police. It goes a long way toward creating an exception to the exclusionary rule for searches of persons who have outstanding […] ...

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.

The Exclusionary Rule does not appear in the Constitution; it is a judge-made rule aimed at safeguarding Fourth Amendment rights by deterring police misconduct.

And this so-called “exclusionary rule”, established for federal crimes in 1914 and applied to all crimes in 1961, is the legal “technicality” that most upsets the general public.

Few exclusionary-zoning restrictions fit within any plausible view of the police-power exception. Their main effect is to exclude low-income people, not protect against environmental or health ...

The Election Commission of India (ECI) continues to face criticism from Opposition leaders over its voter list revisions, an ...

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 ...