What happens when a police officer makes an unlawful stop, learns that the suspect has an outstanding warrant, and conducts a search incident to arrest? Should any evidence found subsequent to this ...

For people who care about civil liberties, it was definitely not a good thing when the Roberts Court decided to hear an exclusionary rule case this term. As Adam notes below, the Court's Wednesday ...

Under the inevitable discovery exception to the exclusionary rule, evidence is admitted, even if it's the fruit of an unconstitutional search, if the government would have discovered the evidence ...

Oregon baseball’s power surge continued in the second game of its Big Ten Tournament double header, with home runs from Maddox Molony, Angel... In a Jan. 14 decision, the meaning of the exclusionary ...

Although the U.S. Supreme Court speaks of the need for straightforward, bright-line rules to govern criminal procedure, its decisions often do not yield the desired results. This is not a criticism of ...

"Under settled law, the exclusionary rule, which applies in criminal cases, does not apply in civil cases," Justice Stephen R. McCullough wrote in the unanimous opinion for the Virginia Supreme Court.

Iowa Gov. Kim Reynolds recently signed into law legislation allowing for greater use of audio evidence gained by surveillance systems. Under previous Iowa law, using audio evidence could destroy the ...

In a divided opinion, the Tennessee Supreme Court has adopted a good-faith exception similar to one set forth by the United States Supreme Court in Herring v. United States, which held “that when ...

The Trump Administration's Education Department defended the exclusionary rule as consistent with the department's focus on the importance of cross-examination and as being simple to apply. Critics of ...

This week, the Supreme Court held that the Fourth Amendment does not permit a police officer to enter uninvited onto someone’s driveway to search a parked vehicle, without first obtaining a warrant.

Type to search articles, cases, and authors. Press ↵ to view all results. Dahda v. United States arguably poses a clash between two of the Supreme Court’s recent passions: strict adherence to ...