What happens when a police officer makes an unlawful stop, learns that the suspect has an outstanding warrant, and conducts a search incident to arrest? Should any evidence found subsequent to this ...
Although the U.S. Supreme Court speaks of the need for straightforward, bright-line rules to govern criminal procedure, its decisions often do not yield the desired results. This is not a criticism of ...
For people who care about civil liberties, it was definitely not a good thing when the Roberts Court decided to hear an exclusionary rule case this term. As Adam notes below, the Court's Wednesday ...
Under the inevitable discovery exception to the exclusionary rule, evidence is admitted, even if it's the fruit of an unconstitutional search, if the government would have discovered the evidence ...
The Trump Administration's Education Department defended the exclusionary rule as consistent with the department's focus on the importance of cross-examination and as being simple to apply. Critics of ...
In a divided opinion, the Tennessee Supreme Court has adopted a good-faith exception similar to one set forth by the United States Supreme Court in Herring v. United States, which held “that when ...
Does the U.S. Constitution forbid the government from using illegally obtained evidence against a criminal suspect in court? The U.S. Supreme Court has ruled that it does. In the landmark 1914 case of ...
Iowa Gov. Kim Reynolds recently signed into law legislation allowing for greater use of audio evidence gained by surveillance systems. Under previous Iowa law, using audio evidence could destroy the ...
Dahda v. United States arguably poses a clash between two of the Supreme Court’s recent passions: strict adherence to statutory texts and cutting back on the exclusionary rule. This tension is unusual ...
Some results have been hidden because they may be inaccessible to you
Show inaccessible results