Ruling on DUI info overturned Jul 26, 2008
In his ruling, Perry noted that the exclusionary rule is meant to deter law enforcement from gathering evidence illegally. Here, there is no suggestion that the means by which the evidence was actually obtained was in any way unlawful, Perry wrote. (Gillette News-Record, WY)
U.S. exceptionalism extends to evidence rule Jul 19, 2008
Elsewhere in the world, courts have rejected what the Ontario appeals court in Harrison's case called "the automatic exclusionary rule familiar to American Bill of Rights jurisprudence." ... Supporters of the U.S. practice say that only strict application of the exclusionary rule can effectively address violations of the U.S. Constitution's ban on unreasonable searches and seizures ... More important, as Justice Robert Jackson wrote in 1954, the exclusionary rule "deprives society of its remedy... (International Herald Tribune)
Trust the justice system? May 8, 2008
First - When you find another country in this world with a better system, with more rights for the accused, with the right to a court appointed attorney, a trial by jury instead of judges, with habeas corpus rules, with the evidence exclusionary rule, with the right to appeal and with the types of prisons we have which provide food (yes, some other countries don t - if your friends or relatives don t bring it you starve), recreation and medical care - then you let me know. You would be appalled... (Atlanta Journal-Constitution)
Supreme Court Heads Into New Term Sep 29, 2007
Virginia v. Moore, also granted Sept. 26, involves the exclusionary rule, which bars from trial evidence illegally obtained by police ... "This could be the next big fight over the exclusionary rule," said Pamela Harris of O'Melveny at an ACLU briefing. (Law.com)
Pratt woman loses high court appeal Aug 2, 2007
The Court cited United States v. Leon, a U.S. Supreme Court case that established a good faith exception to the Fourth Amendment exclusionary rule that would allow the evidence from the search warrants to be admitted ... The exclusionary rule overrides a search warrant if the magistrate issuing the warrant was deliberately misled with false information, the magistrate abandoned the detached or neutral role, little evidence of probable cause existed that it was entirely unreasonable for the... (Pratt Tribune, KS)
• Standard Set For Challenge Of Police Searches Jul 24, 2007
"Although this court has recognized that the citizens of this state may have broader expectations of privacy than are recognized under the federal constitution, we are not convinced that our citizens should bear the cost of the exclusionary rule when a criminal defendant's own rights have not been violated," Justice Richard N. Palmer wrote. "We adhere to the view, rather, that the interest of our citizens are best served by an exacting application of the exclusionary rule when the accused has... (FOX61, CT)
A Review of NPP [is] Are Intellectually Bankrupt Jul 7, 2007
Feature Article of Saturday, 7 July 2007. Feature Article of Saturday, 7 July 2007. (Ghana Web, Ghana)
Rules of Law Mar 29, 2007
" If MasterCard appears to be the loser, American Express conceivably will benefit from the litigation, which focuses on the so-called exclusionary rule by which MasterCard effectively sought to prevent banks that issue its card from issuing AmEx or Discover cards. (The Department of Justice challenged this rule and won; the American Express and Discover lawsuits piggybacked off the DOJ action.) Consequently, the two stocks might make for "an excellent pair trade," says Rodelli, with an investor... (SmartMoney)
Primary proposal resurfaces Mar 27, 2007
The only party that currently has an exclusionary rule are the Democrats, said Rep. Ral Labrador, R-Eagle. (Pocatello Idaho State Journal, ID)
Enter stage right: Scalia is poised to lead Feb 22, 2007
Scalia's opinion not only upheld the evidence but also cast doubt on the future of the "exclusionary rule," the doctrine that says judges should exclude illegally seized evidence. Jump to page: 1. (FOX59, IN)
In the War on Terror, Liberals Are More Dangerous Than Muslims Sep 12, 2006
Now, it s decided to oversee anti-terrorist operations, applying the same principles here that have given us the Miranda warning, the exclusionary rule and furloughs for lifers. In mid-July, U.S. District Court Judge Anna Diggs Taylor (a Carter appointee, naturally) declared that a government program to intercept overseas phone calls between persons in the U.S. and al-Qaeda operatives abroad was unconstitutional. (Human Events Online)
Myth/Fact: The Administration's Legislation to Create Military Commissions Sep 7, 2006
It is not an exclusionary rule. MYTH: The Administration s Support For The Use Of Hearsay Evidence Will Deny The Accused A Fair Trial. (White House News Releases)
The Top 10 reasons Sarasota is Capital Weird Aug 26, 2006
THE TAKING BACK OUR STREETS ACT: An anti-crime package including stronger truth-in- sentencing, "good faith" exclusionary rule exemptions, effective death penalty provisions, and cuts in social spending from this summer's "crime" bill to fund prison construction and additional law enforcement to keep people secure in their neighborhoods and kids safe in their schools. 3. (Herald-Tribune)
High court's balance is precarious Jul 12, 2006
Five, including Kennedy, signed on to an opinion that questioned the very basis of the exclusionary rule to suppress evidence illegally seized by police. Again, this was softened by Kennedy's concurrence. (Buffalo News -- Opinion)
Dan Walters: Quiet Sacramentan becomes the most powerful U.S. justice Jul 10, 2006
When he voted with conservatives, decisions were often modified by the need to satisfy Kennedy, affecting such issues as the scope of clear water laws, congressional redistricting and the exclusionary rule in police searches. His swing role was very apparent when Kennedy sided with liberals in rejecting the Bush administration's military tribunals of terrorism prisoners at the Guantnamo Bay prison. (Sacramento Bee -- Politics)
Ruth Marcus: Rightward drift of highest court won't end soon Jul 9, 2006
Five, including Kennedy, signed on to an opinion that questioned the very basis of the exclusionary rule to suppress evidence illegally seized by police. Again, this was softened by Kennedy's concurrence, which asserted that "continued operation of the exclusionary rule is not in doubt.". (Sacramento Bee -- Opinion)
A not very memorable term Jul 6, 2006
There had been no true "knock and announce." The state conceded that, yes, Good's summary entrance had violated the Exclusionary Rule, but what should be the remedy ... On the other hand, Scalia contended, enforcement of the Exclusionary Rule carries substantial social costs ... "In sum, the social costs of applying the Exclusionary Rule to knock-and-announce violations are considerable; the incentive to such violations is minimal to begin with, and the extant deterrences against them are... (Townhall.com)
Swing for the Bleachers: Jul 6, 2006
A small case may portend big changes to the exclusionary rule ... Future challenges to the exclusionary rule may hereinafter be posed to a Supreme Court of one. (Slate)
Supreme Court's new man in the middle Jul 3, 2006
And he provided the decisive vote to eliminate application of the exclusionary rule to evidence obtained by police who fail to knock and announce their presence before bursting into a private home with a search warrant ... In his majority opinion in the police knock-and-announce case, Justice Antonin Scalia appears to be laying the foundation for a broader assault on the exclusionary rule, which prevents illegally gathered evidence from being presented in court ... In response, Kennedy, who... (Christian Science Monitor)
Roberts, Alito Failed to Tip Balance on U.S. Court, Making Kennedy Pivotal Jul 3, 2006
Scalia wrote the 5-4 decision limiting the exclusionary rule, which sometimes bars prosecutors from using evidence found during an illegal search by police. Two other 5-4 decisions, in cases from California and Kansas, gave states more leeway in setting rules for juries considering the death sentence for convicted murderers. (Bloomberg -- US)
GREENHOUSE: With Roberts at the Helm, a Supreme Court in Flux... Jul 2, 2006
Justice Scalia, writing for the 5-to-4 majority, said the ordinary rule against admitting unconstitutionally obtained evidence should not apply in this circumstance nor, he implied, in many other circumstances currently governed by the "exclusionary rule.". This case, Hudson v. Michigan, No. 04-1360, was argued for a second time after Justice Alito joined the court; his vote with the majority determined the outcome. (The Drudge Report)
Analysis: New court dynamic emerges Jul 2, 2006
In a decision that said police armed with warrants can enter a house unannounced without fear that any evidence they find will be excluded from trial, Kennedy's opinion kept the decision from obliterating the so-called "exclusionary rule" altogether. In a case that questioned the scope of the Clean Water Act, Kennedy's opinion held the court majority back from nearly eliminating government regulation of wetlands. (Sacramento Bee -- Politics)
Treaty doesn't force US to exclude incriminating testimony, court rules Jun 29, 2006
In a 6-to-3 decision announced Wednesday, the US Supreme Court ruled that an international treaty calling for consulate access to arrestees does not authorize the broad use of the so-called exclusionary rule ... "Under our domestic law, the exclusionary rule is not a remedy we apply lightly," writes Chief Justice John Roberts for the majority. (Christian Science Monitor -- USA)
U.S. justices rule against foreign defendants Jun 29, 2006
Lawyers for the defendant, Moises Sanchez-Llamas, argued that the exclusionary rule should apply in state court, as it would if the police had violated the Constitution in extracting a confession from a defendant ... "It would be startling if the Convention were read to require suppression," he said, because "the exclusionary rule as we know it is an entirely American legal creation." The chief justice said "it is implausible that other signatories to the Convention thought it to require a... (International Herald Tribune)
Fair to Meddling: Jun 29, 2006
A small case may portend big changes to the exclusionary rule. Akhil Reed Amarposted June 19, 2006. (Slate)
Court Gives Search Latitude Jun 27, 2006
While officers are at least theoretically subject to punishment for improperly executing a search warrant, this decision for all practical purposes voids the "exclusionary rule" that prohibits the prosecution from using evidence that was seized illegally. That rule is the best incentive for officers to conduct searches within the confines of the law, because the fruits of the illegal search are of no value. (The Ledger)
Knocking on door to trouble Jun 26, 2006
Like the ``knock and announce" rule for police entry, the exclusionary rule, which requires dismissal of improperly obtained evidence in a criminal case, is not in the Constitution. As Amar notes, it was not envisioned by the Founding Fathers and was not used by American courts for nearly a century after the Bill of Rights was written. In 1961, in Mapp v. Ohio, the Supreme Court made it the law of the land.Justice Antonin Scalia's majority opinion in Hudson is broadly critical of the... (Boston Globe)
Despite Rule, Evidence Rarely Kept From Jury Jun 25, 2006
" Rarely Granted Pinellas County defense attorney Jeffrey Brown says that in his career he has represented thousands of criminal defendants. In all those cases, he estimates he's filed motions to suppress evidence 100 times, winning maybe 25. "Motions are very common, but it's rare that they're granted," Brown said. Brown said he thinks the exclusionary rule plays an important role in the judicial system - deterrence. "We want law enforcement officers to follow the law, and if they don't,... (Tampa Bay Online, FL -- News)
'Disrobed': How Conservatives Can Take Back the Courts Jun 23, 2006
Just last week Justice Scalia wrote for the 000005A8 Supreme Court s majority a decision that interpreted the Constitution by discussing the social costs of the Fourth Amendment s exclusionary rule. That s what we need more of conservative justices considering the social and political consequences of their decisions in the nation s most important politically charged legal cases. (Human Events Online)
Editorial: Rewarding illegal raids Jun 21, 2006
This "exclusionary rule" was seen as the only effective way to deter unlawful government behavior. Now the five justices want to rely instead on internal discipline and lawsuits, fantasy sanctions that almost never occur. (Sacramento Bee -- Opinion)
The Battle of Hudson Heights: Jun 20, 2006
A small case may portend big changes to the exclusionary rule ... Another front in the culture wars heated up last week as the proper scope of the exclusionary rule and the central purposes of the Fourth Amendment were debated anew by the Supreme Court in the case of ... Essentially, the judicial battle of Hudson Heights involved a fierce contest for high conceptual ground, and the victors have now secured a strong base for further action that could broadly reshape the lines of the exclusionary... (Slate)
Scalia's constitution Jun 18, 2006
The court destroys the strongest legal incentive to comply with the Constitution's knock-and-announce requirement," Justice Stephen Breyer wrote in dissent. Breyer could find no precedent for this action in any cases the court decided since its landmark 1914 Weeks v. United States ruling, which established the exclusionary rule disallowing evidence from illegal searches in federal cases. The court extended it to the states in 1961.``The Constitution is not a living document," Scalia said last... (Boston Globe -- Editorial)
Court: Cops with warrant needn't wait Jun 17, 2006
This so-called exclusionary rule was among the most controversial legal developments of the 1960s, and many law-and-order conservatives continue to chafe at it ... Justice Anthony Kennedy supplied the crucial fifth vote for Scalia's opinion but wrote separately to emphasize that exclusionary rule is "settled" and "not in doubt." ... At issue, he said, was only whether to extend the exclusionary rule to cases where police had a valid warrant to enter a home, but failed to give the proper warning.... (FOX59, IN)
Resolution in the House: Jun 17, 2006
Lyle Denniston at the Scotus blog gives a of Hudson v. Michigan and contends that the "case raises significant new questions about how sturdy the 'exclusionary rule' is as a remedy for constitutional violations by policeespecially, but not solely, Fourth Amendment violations. It also suggestsperhaps more stronglynew doubt about the continuing validity of the 'knock-and-announce' rule." Justice Anthony Kennedy took pains to point out in his concurring opinion that the ruling does not... (Slate)
Supreme Court gives police more power Jun 16, 2006
"It seems to rethink the entire exclusionary rule, which is the only thing that has caused the police for the past 50 years to generally comply with the Fourth Amendment." ... In affirming the conviction, the US Supreme Court said that applying the exclusionary rule to knock-and-announce violations is not "worth a lot" as a deterrent. (Christian Science Monitor -- USA)
Police don't have to knock, justices say Jun 16, 2006
Justice Stephen Breyer wrote a lengthy dissent, saying, "Our Fourth Amendment traditions place a high value upon protecting privacy in the home." A centerpiece of those protections, he said, includes the "exclusionary rule," under which evidence seized in illegal searches should be suppressed at trial. "It weakens, perhaps destroys, much of the practical value of the Constitution's knock-and-announce protection," concluded Breyer, who said he fears police will now feel free to routinely violate... (CNN)
Ruling Unlikely To Alter Police Searches Jun 16, 2006
" Generally within 15 seconds or so, police will hear, "Yeah. " or some acknowledgment, Morman said. "If you hear footsteps running away, or you hear, 'Dump it; it's the cops' - once they exhibit they're not going to comply, we would make a forceful entry," he said. Defense lawyers said police would be wise to maintain the status quo and continue to follow the knock-and-announce rule. "I think it's a dangerous and scary opinion because we can expect more doors being battered down in the middle... (Tampa Bay Online, FL -- News)
Supreme Court Weakens Police 'Knock and Announce' Rule Jun 16, 2006
Until Thursday, the court had usually insisted that evidence be thrown out in cases where the police violate the Constitution's ban on "unreasonable searches and seizures." This so-called exclusionary rule was among the most controversial legal developments of the 1960s, and many law-and-order conservatives continue to chafe at it ... Justice Anthony M. Kennedy voted with the majority but wrote separately to emphasize that the exclusionary rule is "settled" and "not in doubt." The issue in this... (Los Angeles Times)
Justices say police may enter homes with less warning Jun 16, 2006
Until yesterday, the court has usually insisted that evidence be thrown out in cases in which police violate the Constitution's ban on "unreasonable searches and seizures." This so-called "exclusionary rule" was among the most controversial legal developments of the 1960s, and many law-and-order conservatives continue to chafe at it ... Justice Anthony M. Kennedy supplied the crucial fifth vote, but wrote separately to emphasize that the exclusionary rule is "settled" and "not in doubt." At... (SunSpot.net)
Thank God for Ann Coulter Jun 10, 2006
The absurd 1961 Supreme Court decision Mapp v. Ohio, announcing that the exclusionary rule barring evidence obtained illegally by police had to be applied on the state level, is one well-deserved target of her pen: In order to vindicate the right to be free from unreasonable searches and seizures, the criminal goes free ; This would be like a rule intended to reduce noise during an opera that mandated shooting the soprano whenever anyone in the audience coughed, Coulter writes. Coulter continues... (Townhall.com)
Police powers ruling likely will hinge on Alito's vote May 19, 2006
But in recent years the Michigan Supreme Court has joined the minority that say no such "exclusionary rule" is required ... Moran tried to explain that the exclusionary rule was needed for deterrence, but his response did not satisfy Alito. (FOX59, IN)
Search case exposes high court friction May 19, 2006
Souter repeatedly asked why authorities did not simply invoke the "exclusionary rule," which would have allowed police to enter the home without knocking simply by showing they feared the suspect might react violently or try to destroy the drug evidence. He later noted past high-court rulings have affirmed an expectation of privacy against police intrusion. (CNN -- Law)
Shalom: ParPolity 11/05 Apr 19, 2006
(And note regarding the debate on the "exclusionary rule," which says that evidence obtained via an illegal search is inadmissible: the problem -- if there is one -- lies not with the exclusionary rule but with the prohibition against illegal searches ... Since we presumably want police to behave properly, an objection to the exclusionary rule really means an objection to the rule that says police should have to get a probable cause warrant to conduct a search the Fourth Amendment in the... (Zmag.org)
