fourth amendment exclusionary rule

• Instrumentalizing jurors: an argument against the Fourth Amendment exclusionary rule.

Introduction I. Jurors' Deliberative Autonomy A. The Moral Problem with Exclusionary Rules B. The Fourth Amendment Exclusionary Rule II. Remedying the...

• Fordham Urban Law Journal
• Vol. 37 Nbr. 3, May 2010

• State v. Dent, (Ohio 2011)

Motion to suppress; Fourth Amendment; Arizona v. Gant; criminal trespass; inventory search; exclusionary rule; good faith exception.

• Ohio Supreme Court

• Search and Seizure

...It also refers to the legal rules governing these methods. At the federal level thesse rules are set forth in the Fourth Amendment to the U.S. Constitution, the Federal Ru... of the Fourth Amendment (sans the exclusionary rule to be discussed below) apply equally in state...

• Gale Encyclopedia of Everyday Law
• Criminal Law

• Expanding exclusionary rule exceptions and contracting Fourth Amendment protection.

The Supreme Court erred with its failure in Arizona v. Evans to apply the exclusionary rule to a clerical error by an employee of the court. The court ignored the importance of the warrant process in the precedential Leon case and failed to see that the goal of the exclusionary rule is more than just deterrence. Even if it is just deterrence, the rule should apply to all state law enforcement personnel, not just the police. The trial court decision for suppression of the illegally seized evidence should have been upheld.

• Journal of Criminal Law and Criminology
• Vol. 86 Nbr. 4, June 1996

• The Interaction of the Standing and Inevitable Discovery Doctrines of the Exclusionary Rule: Use of Evidence Illegally Obtained from the Defendant and a Third Party

This Note presents a split between two federal circuit courts regarding the interaction of the standing doctrine and the inevitable discovery exception to the exclusionary rule. The courts had to decide whether evidence obtained illegally from both a criminal defendant and a third party may be admitted in court through use of the inevitable discovery exception to the exclusionary rule. The standing doctrine requires that there be a violation of the defendant's own constitutional rights in order for the court to suppress the evidence through use of the exclusionary rule. The inevitable discovery exception to the exclusionary rule allows the government to use illegally obtained evidence if law enforcement officials would have eventually discovered it by legal means. The First Circuit com...

...The Supreme Court's Fourth Amendment 6 jurisprudence underwent ground-breaki...

• Iowa Law Review
• Nbr. 91-3, March 2006

• State v. Mathis, (Ohio 2004)

Fruits of poisonous tree, warrantless search, exigent circumstances, hot pursuit, assaulting a police officer, officer’s reasonable mistake, Fourth Amendment, exclusionary rule.

• Ohio Supreme Court

• Lego v. Twomey: the improbable relationship between an obscure Supreme Court decision and wrongful convictions.

... the various constitutionally based exclusionary doctrines, which, in part, led the Court to craft ...(25) . The rules governing suppression hearings differ from those g... raised under the Fifth and Fourteenth Amendments concerning the admissibility of criminal defendant... substantive basis for exclusion under the Fourth Amendment, (125) the majority engaged in value-neu...

• American Criminal Law Review
• Vol. 47 Nbr. 3, June 2010

• State v. Miller, (Ohio 2011)

If party seeking suppression of evidence cannot establish that his own Fourth Amendment rights were violated by the challenged search or seizure, he cannot invoke the exclusionary rule. It was “objectively reasonable” for the officers to rely on the search warrant issued in this matter. Prosecuting attorney’s closing argument was an improper comment upon the failure of the accused to testify, but was not prejudicial. Defendant’s counsel was not ineffective for failing to file a motion to suppress where the record does not indicate that a motion to suppress would have been granted. Defendant’s counsel was not ineffective for failing to object to hearsay evidence that was compatible with the theory of the defense. Convictions for drug possession and drug trafficking were not against th...

• Ohio Supreme Court

• Herring v. United States, 555 U. S. ____ (2009)

...Assuming that there was a Fourth Amendment violation, the District Court concluded that the exclusionary rule did not apply and denied the motion to suppre...

• U.S. Supreme Court

• Fixing the Constable's Blunder: Can One Trial Judge in One County in One State Nudge a Nation Beyond the Exclusionary Rule?

This article provides a blueprint for enabling one trial judge in one county in one state court to institute change and nudge a nation beyond the exclusionary rule. Part II of this article examines the genesis of and policy behind the exclusionary rule, the major limitations and exceptions that have been developed to avoid the rule's distasteful effects, and the studies and data that have been accumulated concerning the rule's success, or lack thereof, in reaching its policy goals. Part III discusses the propriety of using the state courts as laboratories for change and experimentation within the framework of the federal system. Part IV sets forth a hypothetical criminal case and follows the hypothetical trial prosecutor through her attempts to cast the first pebble in the brook that le...

..., the goal of deterring violation of Fourth Amendment rights?12. We certainly know more now th...

• Brigham Young University Law Review
• Vol. 2006 Nbr. 1, January 2006