Constitutional Law - I Come Not to Praise the Exclusionary Rule but to Bury It
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Authors
Jochum, Richard A.
Issue Date
1985
Volume
18
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|Over the past decade, a majority of the Supreme Court of the United States has engaged in what some believe to be"the slow strangulation" of the exclusionary rule. Within the last two terms alone, the Court has substantially relaxed the probable cause requirement for warrants, has adopted the inevitable discovery exception to the exclusionary rule, and most recently has adopted a limited good faith exception to the rule. The last modification was accomplished via United States v. Leon and Massachusetts v. Sheppard. The good faith exception can be seen as the culmination of the current Court's attack on the exclusionary rule." However, the attack is not yet complete. Therefore, this Note is dedicated to clarifying the positions of the majority and dissenters in Leon and Sheppard in an effort to aid those who must now decide how and whether to apply the newly-adopted good faith exception. A brief signpost background of the development of the exclusionary rule follows, along with the facts and holding in these cases and an analysis of the Court's decision, focusing on the concerns raised by the dissenting Justices....
Description
Citation
18 Creighton L. Rev. 819 (1984-1985)
Publisher
Creighton University School of Law