BENCH BLOG: Good-faith exception to exclusionary rule
In a hotly contested case about suppressing a dog’s sniff search of a residence, the Wisconsin Supreme Court unanimously decided that the good faith exception to the exclusionary rule applied.
Another exception adopted for exclusionary rule
The exclusionary rule does not apply if an unlawful search was permitted by binding precedent at the time it occurred. U.S. Supreme Court Justice Samuel Alito wrote for the Court on June 16, “It is one thing for the criminal ‘to go free because the constable has blundered.’ It is quite another to set the […]
09-11328 Davis. v. U.S.
Search and Seizure Exclusionary rule; good faith exception Searches conducted in objectively reasonable reliance on binding appellate precedent are not subject to the exclusionary rule. The exclusionary rule’s sole purpose is to deter future Fourth Amendment violations, e.g., Herring v. United States, 555 U. S. 135, 141, and its operation is limited to situations in […]
Court considers exclusionary rule
By Kimberly Atkins Lawyers USA The justices of the U.S. Supreme Court tussled Monday with the limits of the exclusionary rule when the police conduct a search in a way that is lawful at the time, but later deemed unconstitutional by the Court. Willie Gene Davis, the petitioner in Davis v. U.S., was a passenger […]
U.S. Supreme Court to rule on scope of exclusionary rule
Does the good faith exception to the exclusionary rule apply to a search authorized by caselaw that has since been overruled?
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