For a lawyer trained in the post-Warren Court era, it is difficult to hear the concerns about police methods that were raised repeatedly in the opinions in Sorrells and Sherman and not immediately start thinking about the exclusionary rule
Much of the Supreme Court's contemporary Fourth Amendment exclusionary rule
jurisprudence is constructed upon an analytic mistake that H.
Sometimes originalism contradicts doctrines such as the exclusionary rule
(6) even though, intuitively, modern formalists should embrace the exclusionary rule
because it is clear, simple, and instructs police exactly what not to do.
is only part of the greater category of exclusionary rules
And once we knock the legs out from under the claim that exclusionary rules
should be or are our primary weapon in deterring unreasonable searches, we likewise find the argument that search warrants are necessary to maintain the exclusionary rule
's deterrent value less forceful.
171) The German criminal system in particular has been cited as one in which exclusionary rules
do not exist.
Other limits on exclusionary rules
promoting values besides
The exclusionary rule
for evidence found in violation of the Fourth
Given the Court's conclusion in Elstad that the Fourth and Fifth Amendment exclusionary rules
are not the same and that "technical" Miranda violations should not lead to exclusion, this "good-faith exception" seems a reasonable compromise between the extremes of total inclusion and total exclusion.
If there were no such limits, the result would be the practical nullification of the protective effect of the rules of forensic decorum and the exclusionary rules
Proof clearly shows that the exclusionary rules
and practices of the defendants have resulted in such adverse effect and should be abolished," Judge Barbara Jones said in her ruling.
In Tucker, the Court ruled that prophylactic exclusionary rules
justified on the basis of the self-incrimination clause have two functions.
These exclusionary rules
deny consumers the ability to choose among a maximum variety of card products,'' Attorney General Janet Reno said.
V]arious modern exclusionary rules
are not merely indefensible as a
It is not true that reversals will suddenly eliminate these exclusionary rules
in state courts.