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The Road To Exclusion Is Paved With Bad Intentions: A Bad Faith Corollary To The Good Faith Exception, Ronald J. Bacigal
The Road To Exclusion Is Paved With Bad Intentions: A Bad Faith Corollary To The Good Faith Exception, Ronald J. Bacigal
Law Faculty Publications
This Article will demonstrate that a search pursuant to a properly issued warrant may trigger application of the exclusionary rule if: (1) there is police bad faith in delaying execution of the warrant, and (2) such bad faith results in additional intrusions upon individual privacy. Although this Article is limited to a consideration of bad faith in delaying the execution of search warrants, the discussion points the way to application of the concept of bad faith to all aspects of fourth amendment jurisprudence.