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Leveling The Playing Field: A New Theory Of Exclusion For A Post-Patriot Act America, Christian Halliburton
Leveling The Playing Field: A New Theory Of Exclusion For A Post-Patriot Act America, Christian Halliburton
Faculty Articles
This article takes the position that, although the PATRIOT Act is superficially unrelated to the specifics of the exclusionary rule, such a drastic departure from constitutional norms would not have been possible had the Court not conditioned the Fourth Amendment exclusionary rule's operation on pursuit of the inherently unstable target of institutional deterrence. Part I of this article will trace the development of the Fourth Amendment's exclusionary rule from its origins in federal court through its incorporation against the states, paying particular attention to the underlying purpose of the exclusionary rule as announced by the Court, and concluding with a …