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The Exclusionary Rule: Is It On Its Way Out? Should It Be?, Christopher Slobogin
The Exclusionary Rule: Is It On Its Way Out? Should It Be?, Christopher Slobogin
Vanderbilt Law School Faculty Publications
This symposium, comprising six articles in addition to this one, was triggered by a spate of Supreme Court opinions occurring over the last seven years, all of which raise the two questions in the title to this article (which is also the title of the symposium). Since 1974, when United States v. Calandra definitively established deterrence as the primary objective of the suppression remedy, the Court has nibbled away at the exclusionary rule from a number of different directions. But the Court's decisions in Hudson v. Michigan (2006), Herring v. United States (2009), and Davis v. United States (2011) reveal …
The Poverty Exception To The Fourth Amendment, Christopher Slobogin
The Poverty Exception To The Fourth Amendment, Christopher Slobogin
Vanderbilt Law School Faculty Publications
This essay, written for the Sixth Annual LatCrit conference, explores the subterranean motifs of current rules regulating searches and seizures by the police. More specifically, it investigates whether and to what extent alienage, race and poverty influence the warrant and individualized suspicion rules purportedly governing police investigation. The essay begins by showing that, contrary to the assertion of other conference participants, Supreme Court doctrine has not created a "Mexican exception" to the Fourth Amendment (as distinguished from an "illegal alien" exception, which does seem to exist). The main focus of the article, however, is an examination of whether the Court's …
Why Liberals Should Chuck The Exclusionary Rule, Christopher Slobogin
Why Liberals Should Chuck The Exclusionary Rule, Christopher Slobogin
Vanderbilt Law School Faculty Publications
This article makes the case against the exclusionary rule from a "liberal" perspective. Moving beyond the inconclusive empirical data on the efficacy of the rule, it uses behavioral and motivational theory to demonstrate why the rule is structurally unable to deter individual police officers from performing most unconstitutional searches and seizures. It also argues, contrary to liberal dogma, that the rule is poor at promoting Fourth Amendment values at the systemic, departmental level. Finally, the article contends that the rule stultifies liberal interpretation of the Fourth Amendment, in large part because of judicial heuristics that grow out of constant exposure …