1949 (6) and the exclusionary rule as a remedy for Fourth Amendment
Similarly, states have adopted a variety of exclusionary rules.
provided but also the exclusionary rules that remedy violations of those
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 evidence laundering cases make clear that an effective exclusionary rule must take an organizational perspective on police work.
For instance, when the exclusionary rule was operating, judges generally preferred to use the ordinary meaning rule.
One of our key discoveries has been that the exclusionary rule has given way to Driedger's Modern Principle of Statutory Interpretation.
Even though this article deals with legislative intent in Canadian courts, we have to begin our Cinderella story with the emergence of the exclusionary rule in England wherein our judicial system has its roots.
Exclusionary discipline, including suspension and expulsions, are commonplace in schools throughout the United States.
Breaking Schools' Rules is a comprehensive report that not only highlights the increased reliance on exclusionary discipline nationwide but specifically studies the effects of these practices on Texas students.
Following the establishment of the reasonable suspicion standard and exclusionary rule, courts developed the good-faith exception to the rule in instances where suppression does not otherwise discourage police misconduct or negligence, as is often the case where the error results from magistrate or departmental errors with no bearing on police behavior.
24) While some courts admit evidence that is based on an officer's mistake of fact, a majority of jurisdictions still subject evidence from an officer's mistake of law to the exclusionary rule.
Most responses to exclusionary zoning operate only on the local
exclusive focus on municipal-level exclusionary zoning misses other