Evidence Commons^™

United States V. Williams: The Good Faith Exception To The Exclusionary Rule, Patricia Walker Bass

Mercer Law Review

In an opinion with two alternative holdings, the Fifth Circuit Court of Appeals decided en banc United States v. Williams on July 31, 1980. The court first held that, because Ms. Williams' arrest was legal, the incriminating evidence found as a result of the search incident to arrest could be used against her at trial. Alternatively, the court ruled that evidence should not be excluded when it is discovered by officers acting in good faith despite the fact that they are mistaken in thinking that their actions are lawful. This note focuses on the second holding that purports to establish …