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Is The Exclusionary Rule An 'Illogical' Or 'Unnatural' Interpretation Of The Fourth Amendment?, Yale Kamisar
Is The Exclusionary Rule An 'Illogical' Or 'Unnatural' Interpretation Of The Fourth Amendment?, Yale Kamisar
Articles
More than 50 years have passed since the Supreme Court decided the Weeks case, barring the use in federal prosecutions of evidence obtained in violation of the Fourth Amendment, and the Silverthorne case, invoking what has come to be known as the "fruit of the poisonous tree" doctrine. The justices who decided those cases would, I think, be quite surprised to learn that some day the value of the exclusionary rule would be measured by-and the very life of the rule might depend on-an empirical evaluation of its efficacy in deterring police misconduct. These justices were engaged in a less …
Telephonic Search Warrants: A New Equation For Exigent Circumstances, Edward F. Marek
Telephonic Search Warrants: A New Equation For Exigent Circumstances, Edward F. Marek
Cleveland State Law Review
The availability of a telephonic or radio-obtained search warrant has changed the equation used by the courts in determining the exigency of a given situation which is claimed to justify a warrantless search. This Article will examine the change in the exigent circumstances equation. It will also focus on the impact of Rule 41(c)(2) on judicial remedies for warrantless searches. These remedies include suppression on traditional Fourth Amendment grounds, as well as the use of a federal court's supervisory power over the administration of criminal justice.