Expanding the Good Faith Exception to the Exclusionary Rule: Arizona v. Evans

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Authors
Palmer, Joseph H. Jr.
Issue Date
1996
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INTRODUCTION|The exclusionary rule is a judicially created remedy that effectuates Fourth Amendment rights of citizens to be free against unreasonable searches and seizures. The exclusionary rule prohibits the use at trial of evidence that was unreasonably gathered in violation of a citizen's Fourth Amendment rights. Notwithstanding the importance of the exclusionary rule's remedial design, the United States Supreme Court has identified exceptions to the exclusionary rule's application.|Prior to 1995, the United States Supreme Court defined exclusionary rule exceptions only in terms of a police officer's objective reliance on facially valid search warrants or laws authorizing searches in existence at the time the warrants were executed, but which later were held invalid. The Supreme Court first articulated a good faith exception to the exclusionary rule in its 1984 decision in United States v. Leon. This first exception applied to situations in which an officer reasonably relied on a facially valid search warrant that was later held to be invalid due to judicial error during the probable cause determination...
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29 Creighton L. Rev. 903 (1995-1996)
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Creighton University School of Law
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