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Criminal Law

Fourth Amendment

Articles by Maurer Faculty

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Is The Exclusionary Rule Dead?, Craig M. Bradley Jan 2012

Is The Exclusionary Rule Dead?, Craig M. Bradley

Articles by Maurer Faculty

In three recent decisions, Hudson v. Michigan, Herring v. United States, and last Term's Davis v. United States, the Supreme Court has indicated a desire to severely restrict the Fourth Amendment exclusionary rule. A majority of the Justices wants to limit its application to cases where the police have violated the Fourth Amendment purposely, knowingly, or recklessly, but not where they have engaged in "simple, isolated negligence" or where negligence is "attenuated" from the discovery of the evidence. They have further suggested that evidence should not be excluded where the police have behaved as reasonable policemen, using the approach from …


Reconceiving The Fourth Amendment And The Exclusionary Rule, Craig M. Bradley Jan 2010

Reconceiving The Fourth Amendment And The Exclusionary Rule, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


The Middle Class Fourth Amendment, Craig M. Bradley Jan 2003

The Middle Class Fourth Amendment, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.