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Katz And Dogs: The Best Path Forward In Applying United States V. Davis' Good Faith Exception To The Exclusionary Rule And How The Seventh Circuit Has Gone Astray, Arlo Walsman
Seventh Circuit Review
Sometimes, law enforcement officers violate the Fourth Amendment and in the process find and seize evidence they wish to use in a subsequent criminal prosecution. In these circumstances, a question that has long troubled courts, and a question that is becoming more and more difficult to answer, is whether such evidence should be admissible at trial.
In Weeks v. United States and Mapp v. Ohio, the Supreme Court established that evidence seized in violation of the Fourth Amendment was not admissible in federal and state prosecutions. This rule has become known as the exclusionary rule. However, in a line …