Quotes About Exclusionary rule
United States v. Leon, the key case, was very controversial when it was decided in 1984. For the first time ever, the Court recognized a good faith exception to the exclusionary rule and paved the way for a much broader exception later.
~ Erwin Chemerinsky
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when police violate the Fourth Amendment's requirement for "knock and announce," the exclusionary rule does not apply.
~ Erwin Chemerinsky
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The issue was whether the exclusionary rule applies when police commit an illegal search based on good faith reliance on erroneous information from another jurisdiction. Chief Justice Roberts, writing for the 5–4 majority, held that the exclusionary rule does not apply and that the evidence was properly admitted against Herring.
~ Erwin Chemerinsky
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The Court held that the exclusionary rule may be applied only if police intentionally or recklessly violate the Fourth Amendment or only if police department violations with regard to searches and seizures are systemic.
~ Erwin Chemerinsky
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Instead, the Court's conservative majority that already wanted to limit the exclusionary rule issued a sweeping decision that evidence never has to be excluded if the police violate the Fourth Amendment in good faith or through negligence.
~ Erwin Chemerinsky
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Roberts went even further and said that the exclusionary rule applies only where the value of deterring police misconduct outweighs the costs of releasing a potentially guilty person:
~ Erwin Chemerinsky
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marginally, if at all, by allowing exclusionary rule claims to be raised on habeas corpus.44 Moreover, the Court stressed the costs of the exclusionary rule in permitting guilty defendants to go free and in undermining respect for the criminal justice system.45
~ Erwin Chemerinsky
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