1949 (6) and the exclusionary rule as a remedy for Fourth Amendment
make sense to apply one state's exclusionary rule to a violation of
2) The exclusionary rule applies to too little police misconduct, and even then, only to that which occurs within the context of a criminal case.
The two pillars of Fourth Amendment remedial law receive the bulk of the criticism, with the exclusionary rule too narrow and [section] 1983 liability too weak.
The cases that interest us here apply the "good faith exception" to the exclusionary rule in multi-officer situations.
7) Second, the Court imposed a heightened mental state requirement on proof of officer misconduct, declaring that simple negligence by a police officer, regardless of the context, would not be enough to trigger the exclusionary rule.
The exclusionary rule is expressly governed by a cost-benefit inquiry.
Indeed, much of the existing scholarship on economic approaches to Fourth Amendment law works through different assumptions about the impact of Fourth Amendment remedies, and particularly the exclusionary rule.
It diffused from constitutional tort law to postconviction habeas law and the rules governing the exclusionary rule
as a remedy for Fourth and Fifth Amendment violations.
The exclusionary rule
, which obviously deters only unlawful searches for physical evidence, has created opportunities for courts to frequently define when searches may be lawfully conducted.
His commitment to the exclusionary rule
is reflected in the time he spends detailing the historical and logical basis for the rule, documenting that abusive search and seizures were a major cause of the American Revolution--although he faithfully reports and explains the Supreme Court's growing list of exceptions.
Under the exclusionary rule
, "the legislative history of an enactment was not admissible to assist in interpretation .
For the better part of the following half-a-dozen decades, Florida courts provided strong protection from unlawful search and seizure, adopting the doctrine from Weeks and progeny that the Fourth Amendment is itself an exclusionary rule
The exclusionary rule
does not apply automatically, however, in every case that involves a Fourth Amendment violation.
While impeachment is a constitutional process, it is subject to certain constitutional limitations, such as the due process clause, the right against self-incrimination clause, the right to confront witnesses clause, and the exclusionary rules