I’m delighted to report that Richard Re will be guest-blogging next week about the exclusionary rule, and in particular about his forthcoming Harvard Law Review article on the subject, The Due ...

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 ...

It goes a long way toward creating an exception to the exclusionary rule for searches of persons who have outstanding warrants (which turns out to be a lot of people). At the same time, it’s perhaps ...

For the second time in a little more than a fortnight, writers named Adam at the New York Times are getting altogether too excited about the grim fate that awaits the Fourth Amendment exclusionary ...

Scalia was often in good company in voting to limit the rule’s scope. Although it’s often forgotten today, the exclusionary rule was a significant political issue in the 1980s. The Reagan ...

As a replacement for the exclusionary rule, Amar suggests other ways to deter government violations of the Fourth Amendment, such as "tort suits against abusive officers, punitive damages to deter ...

2,268 Views Program ID: 327718-1 Category: C-SPAN Specials Format: Call-In Location: Washington, District of Columbia, United States ...

Rep. Ted Poe discusses the Exclusionary Rule's application concerning evidence entered into a trial that was obtained illegally. He then discusses the need for a 4th Amendment remidy to prevent ...

In this case, the Minnesota Supreme Court is considering the scope of a crucial doctrine that protects criminal defendants from being convicted based on evidence obtained in violation of their ...

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 ...

This case at the Georgia Supreme Court involves the “independent source” doctrine, an exception to the exclusionary rule providing that evidence that is acquired through means genuinely independent of ...