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Exclusionary Rule

Fourth Amendment  An Acceptable Erosion of the Exclusionary Rule

Fourth Amendment An Acceptable Erosion of the Exclusionary Rule

... Marshall asserted that the exclusionary rule is primarily designed to deter violations of the fourth amendment.13 3 Furthermore, he stated that the independent source and inevitable disc[r] ...

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Corporate Criminal Prosecutions and the Exclusionary Rule

Corporate Criminal Prosecutions and the Exclusionary Rule

... also the public at large in that society could lose confidence in the court system. Therefore, even if the expression of condemnation is an important part of the role of the judiciary in this setting, this cuts both ways ...

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The Exclusionary Rule—The Illusion vs. the Reality

The Exclusionary Rule—The Illusion vs. the Reality

... The early origins of the exclusionary rule, in cases involving the question of the privacy of personal papers (and the right to their return) and mainly based up[r] ...

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State v. Brecht: Evolution or Offshoot of the Fourth Amendment Exclusionary Rule?

State v. Brecht: Evolution or Offshoot of the Fourth Amendment Exclusionary Rule?

... 13 The decision to apply the exclusionary rule, in both state and federal courts, represents the culmination of seventy-five years of judicial threshing of the prob[r] ...

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The Exclusionary Rule: A Requirement of Constitutional Principle

The Exclusionary Rule: A Requirement of Constitutional Principle

... sions of tile fourth amendment.1 At the federal level, tile theory presented in this article in support of the exclusionary rule is as follows: certain types of violations of the fourth [r] ...

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Exclusionary Rule and Its Alternatives  Remedies for Constitutional Violations in Canada and the United States, The

Exclusionary Rule and Its Alternatives Remedies for Constitutional Violations in Canada and the United States, The

... Madison.59 The citizen is protected from unconstitutional action of government officials in the United States by thejudicial development of the exclusionary rule as the main protection f[r] ...

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Growing Disillusionment with the Exclusionary Rule

Growing Disillusionment with the Exclusionary Rule

... Growing Disillusionment with the Exclusionary Rule SMU Law Review Volume 25 | Issue 4 Article 4 1971 Growing Disillusionment with the Exclusionary Rule Harvey Wingo Follow this and additional works at[.] ...

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The Exclusionary Rule and Misconduct by the Police

The Exclusionary Rule and Misconduct by the Police

... Cahan, in which the Supreme Court of California overturned a practice of many years standing and adopted the exclusionary rule: "Gerald Wooters, an officer attached to the intelligence u[r] ...

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Is the Exclusionary Rule Dead?

Is the Exclusionary Rule Dead?

... an attempt to determine the current status of the exclusionary rule. The Article proposes that “simple isolated negligence,” which Davis claims is no basis for exclusion, should be distinguished from ...

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The Exclusionary Rule as a Symbol of the Rule of Law

The Exclusionary Rule as a Symbol of the Rule of Law

... ing trial advocacy in Argentina, Chile, Paraguay, and other Latin American countries; and noting that “Latin Americans, who far too often have experienced brutal excesses of police power, are careful to preserve some ...

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State Exclusionary Rule As a Deterrent Against Unreasonable Search and Seizure, The

State Exclusionary Rule As a Deterrent Against Unreasonable Search and Seizure, The

... 9 While the courts could readily forbid the admission of evidence illegally seized by federal officers on the grounds that the use of such evidence violated the policy of the state, they[r] ...

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The Smell of Herring: A Critique of the Supreme Court's Latest Assault on the Exclusionary Rule

The Smell of Herring: A Critique of the Supreme Court's Latest Assault on the Exclusionary Rule

... The court of appeals assumed that whoever failed to update the sheriffs records "was also a law enforcement official," 9 but nonetheless affirmed the district court's denial of defendant[r] ...

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Good Faith and the Fourth Amendment: The Reasonable Exception to the Exclusionary Rule

Good Faith and the Fourth Amendment: The Reasonable Exception to the Exclusionary Rule

... A modern example is the federal civil rights section 1983 action which was specifically designed to provide a federal cause of action for violations of constitutional rights by state off[r] ...

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Proposal for a Workable Good Faith Exception to the Exclusionary Rule: Prospective Judgments

Proposal for a Workable Good Faith Exception to the Exclusionary Rule: Prospective Judgments

... 10 Also note- worthy is Justice O'Connor's statement at her confirmation hearing that her experience as a trial judge "had led her to conclude that the exclusionary [r] ...

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Procedures for Suppressing Illegally Seized Evidence: The Exclusionary Rule

Procedures for Suppressing Illegally Seized Evidence: The Exclusionary Rule

... He may fulfill this duty by making objection in any search warrant proceeding, by moving before trial to suppress the evidence and return it to defendant, by obj[r] ...

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Fifth Amendment  Will the Public Safety Exception Swallow the Miranda Exclusionary Rule

Fifth Amendment Will the Public Safety Exception Swallow the Miranda Exclusionary Rule

... 2 8 In so holding, Justice Rehnquist, writing for the majority, reasoned that Miranda proscribed a set of "protective guidelines" to help police officers "conduct interrogations without [r] ...

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The Exclusionary Rule: An Examination of the Case Law and the Present Posture of the Florida Supreme Court

The Exclusionary Rule: An Examination of the Case Law and the Present Posture of the Florida Supreme Court

... In contrast with Croteau, the Grubbs analysis, which would ex- clude "unreasonably" obtained evidence from a probation revoca- tion proceeding, 03 is consistent [r] ...

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Sixth Amendment  Inevitable Discovery:  A Valuable but Easily Abused Exception to the Exclusionary Rule

Sixth Amendment Inevitable Discovery: A Valuable but Easily Abused Exception to the Exclusionary Rule

... That expenditure surely provides an adequate deterrent to similar violations; the responsibility for that expenditure lies not with the Constitution, but rather with the constable.' 1 5 [r] ...

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The Attenuation Exception to the Exclusionary Rule:  A Study in Attenuated Principle and Dissipated Logic

The Attenuation Exception to the Exclusionary Rule: A Study in Attenuated Principle and Dissipated Logic

... 10 This Comment will argue further in Section IV that the attenuation exception is inconsistent with the purposes of the fourth amendment and the suppression doctrine."1 The suppression [r] ...

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Evidence—Injunction—Extension of the Federal Exclusionary Rule

Evidence—Injunction—Extension of the Federal Exclusionary Rule

... Even if the decision is interpreted in an extremely narrow scope to mean that the federal injunction will issue against the offending federal agent only where he [r] ...

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