Quotes from Joshua Dressler

As Davies reads the historical evidence, the immediate purpose of the Fourth Amendment was to prohibit general warrants and their like, but "the larger purpose for which the Framers adopted the text . . . [was] to curb the exercise of discretionary authority by officers.

However, the outcome is inconsistent with the general principle that people should not be punished in the absence of culpability, since one who acts on the basis of a reasonable mistake of law lacks moral blameworthiness.

Because of the danger of collusion, the Model Code, like the common law, does not recognize an excuse for reliance on the advice of a private attorney. The Commentary concedes, however, that cases can "be imagined in which a client is unfairly taxed with his lawyer's bad advice."60