The Supreme Court and the Fourth Amendment's Exclusionary Rule
The Supreme Court and the Fourth Amendment's Exclusionary Rule
Professor of Law
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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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Front Matter
- Introduction
- 1 The Fourth Amendment Means that Illegally Acquired Evidence “shall not be used at all”
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2
The Influence of Felix Frankfurter
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3
The Warren Court on Exclusion: Mapp v. Ohio, then Retreat
- 4 The Burger Court: Uncoupling the Exclusionary Rule from the Constitution
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5
The Court Rushing to Limit Application of the Exclusionary Rule “somewhere, anywhere&”
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6
The Good-Faith Exception
- 7 Warren Burger’s Triumph
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8
The Rehnquist and Roberts Courts: Making the Exclusionary Rule Largely Irrelevant
- Conclusion
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End Matter
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