Add to ORKGThis symposium, comprising six articles in addition to this one, was triggered by a spate of Supreme Court opinions occurring over the last seven years, all of which raise the two questions in the title to this article (which is also the title of the symposium). Since 1974, when United States v. Calandra definitively established deterrence as the primary objective of the suppression remedy, the Court has nibbled away at the exclusionary rule from a number of different directions. But the Court\u27s decisions in Hudson v. Michigan (2006), Herring v. United States (2009), and Davis v. United States (2011) reveal a Court that is now willing to take much larger bites out of the rule, and perhaps even swallow it whole
Back when there was a Soviet Union, foreign intelligence officers would anxiously await the May Day ...
In the 65 years since the Supreme Court adopted the exclusionary rule, few critics have attacked it ...
Can we live with the so-called exclusionary rule, which bars the use of illegally gained evidence in...
article published in law journalThis symposium, comprising six articles in addition to this one, was...
The exclusionary rule is being flayed with increasing vigor by a number of unrelated sources and wit...
The justices of the Supreme Court have drawn new battle lines over the exclusionary rule. In Hudson ...
The exclusionary rule itself is not very complicated: if the police obtain evidence by means that vi...
In three recent decisions, Hudson v. Michigan, Herring v. United States, and last Term\u27s Davis v....
This Article discusses the Supreme Court’s use of the concepts of culpability and deterrence in its ...
More than 50 years have passed since the Supreme Court decided the Weeks case, barring the use in fe...
This essay engages in the risky business of predicting future Supreme Court developments. In the fir...
In Mapp v. Ohio (1961), the Warren Court held that the so-called exclusionary rule was applicable to...
Analysis of three cases—Harris v. New York, United States v. Calandra and Michigan v. Tucker—reveals...
Perhaps no other area of American jurisprudence is as controversial as the exclusionary rule. Reject...
[U]ntil the [exclusionary rule] rests on a principled basis rather than an empirical proposition, [t...
Back when there was a Soviet Union, foreign intelligence officers would anxiously await the May Day ...
In the 65 years since the Supreme Court adopted the exclusionary rule, few critics have attacked it ...
Can we live with the so-called exclusionary rule, which bars the use of illegally gained evidence in...
article published in law journalThis symposium, comprising six articles in addition to this one, was...
The exclusionary rule is being flayed with increasing vigor by a number of unrelated sources and wit...
The justices of the Supreme Court have drawn new battle lines over the exclusionary rule. In Hudson ...
The exclusionary rule itself is not very complicated: if the police obtain evidence by means that vi...
In three recent decisions, Hudson v. Michigan, Herring v. United States, and last Term\u27s Davis v....
This Article discusses the Supreme Court’s use of the concepts of culpability and deterrence in its ...
More than 50 years have passed since the Supreme Court decided the Weeks case, barring the use in fe...
This essay engages in the risky business of predicting future Supreme Court developments. In the fir...
In Mapp v. Ohio (1961), the Warren Court held that the so-called exclusionary rule was applicable to...
Analysis of three cases—Harris v. New York, United States v. Calandra and Michigan v. Tucker—reveals...
Perhaps no other area of American jurisprudence is as controversial as the exclusionary rule. Reject...
[U]ntil the [exclusionary rule] rests on a principled basis rather than an empirical proposition, [t...
Back when there was a Soviet Union, foreign intelligence officers would anxiously await the May Day ...
In the 65 years since the Supreme Court adopted the exclusionary rule, few critics have attacked it ...
Can we live with the so-called exclusionary rule, which bars the use of illegally gained evidence in...