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A Middle Ground Approach To The Exclusionary Remedy: Reconciling The Redaction Doctrine With United States V. Leon, Rosemarie A. Lynskey

Vanderbilt Law Review

The fourth amendment to the United States Constitution commands that the right of individuals to be secure against unreasonable searches shall not be violated. The amendment further provides that a search warrant must be supported by probable cause and particularly describe the place to be searched and items to be seized.' The United States Supreme Court has held that the only effective means of enforcing this mandate is to suppress all evidence seized pursuant to a search warrant that violates the fourth amendment because it lacks either particularity or probable cause. Difficult questions arise, however, when a warrant contains some …