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Herring V. United States: Mapp's Artless Overruling?, Michael Vitiello
Herring V. United States: Mapp's Artless Overruling?, Michael Vitiello
Michael Vitiello
Abstract: Well before the 2008 term ends, I can safely predict that Herring v. United States will be one of the most important cases decided during this term. While arguably a narrow decision, few readers can miss its sweeping logic, effectively eroding the general application of the Fourth Amendment’s exclusionary rule. Herring may signal the demise of Mapp v. Ohio, the landmark decision requiring states to apply the exclusionary rule as a remedy for Fourth Amendment violations. Given a long line of decisions eroding Mapp, should the current Court’s critics really be surprised at Mapp’s impending demise? I think that …