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The Supreme Court and the Fourth Amendment's Exclusionary Rule

Online ISBN:
9780199979684
Print ISBN:
9780199795475
Publisher:
Oxford University Press
Book

The Supreme Court and the Fourth Amendment's Exclusionary Rule

Tracey Maclin
Tracey Maclin

Professor of Law

Boston University, School of Law
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Published online:
23 May 2013
Published in print:
20 November 2012
Online ISBN:
9780199979684
Print ISBN:
9780199795475
Publisher:
Oxford University Press

Abstract

The application of the Fourth Amendment's Exclusionary Rule has divided the Justices of the Supreme Court for nearly a century. As the legal remedy for when police violate the Fourth Amendment rights of a person and discover criminal evidence through illegal search and seizure, it is the most frequently litigated constitutional issue in United States courts. This book traces the rise and fall of the exclusionary rule using insight and behind-the-scenes access into the Court's thinking. Based on original archival research into the private papers of retired Justices, this analysis clarifies the motivations and thoughts that explain the Court's exclusionary rule jurisprudence. It includes a comprehensive scholarly and objective discussion of the reasoning behind the Court decisions, and demonstrates that like other constitutional doctrines, the exclusionary rule is a political mechanism that expands and contracts as the times and Justices change.

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