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.

Tagged with: David Borowski exclusionary rule Joan Kessler Kitty Brennan Wisconsin Supreme Court

2010AP346-CR State v. Felix

Tagged with: Criminal Digest exclusionary rule Search and Seizure Digest WI Supreme Court Digest

10-2001 U.S. v. Conrad

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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 ...

Tagged with: exclusionary rule Good faith Retroactivity

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. ...

Tagged with: Criminal Digest exclusionary rule SCOTUS Digest Search and Seizure Search and Seizure Digest

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 ...

Tagged with: Antonin Scalia drunken driving exclusionary rule Fourth Amendment John G. Roberts Ruth Bader Ginsburg Sonia Sotomayor Stephen Breyer Supreme Court

Does the good faith exception to the exclusionary rule apply to a search authorized by caselaw that has since been overruled?

Tagged with: exclusionary rule U.S. Supreme Court