The Supreme Court’s brisk opinion in Dahda v. United States awarded the government yet another exclusionary rule victory, this time in the context of a statutory provision rooted in the Omnibus Crime ...

Dahda v. United States arguably poses a clash between two of the Supreme Court’s recent passions: strict adherence to statutory texts and cutting back on the exclusionary rule. This tension is unusual ...

The Trump Administration's Education Department defended the exclusionary rule as consistent with the department's focus on the importance of cross-examination and as being simple to apply. Critics of ...

This article discusses the recent Appellate Division, Third Department decision in 'People v. Jones', where the court held that the exclusionary rule can be applied to a racially motivated traffic ...

This is a preview. Log in through your library . Abstract The controversy over a "good faith mistake" exception to the exclusionary rule and the 1982 National Institute of Justice study of the effects ...

For purposes of the exclusionary rule, HIPAA is no guide as to whether evidence was illegally obtained by law enforcement. It can only dictate whether protected health information was improperly used ...

In this case, the Virginia Supreme Court is considering whether the U.S. Constitution and/or the Virginia Constitution require the exclusionary rule—which protects people from unconstitutional ...

In United States v. Smith, the Second Circuit (Katzmann, Kearse, Meyer, by designation) issued a split opinion weighing whether a month-long delay between authorities’ seizure of a tablet computer and ...

One of the more damning revelations I found in my investigation of the Little Rock Police Department narcotics unit is that it appears to be serving each drug warrant with a no-knock raid. The Supreme ...

SCOTUSblog has been running a series of essays on the future of the Supreme Court. Akhil Amar and I were asked to write on the future of the exclusionary rule. My essay, “Scalia’s absence may help ...