SCOTUSblog has been running a series of essays on the future of the Supreme Court. Akhil Amar and I were asked to write on the future of the exclusionary rule. My essay, "Scalia's absence may help ...

Adam Liptak has an interesting article about the exclusionary rule and how the American use of the rule differs from other countries. He begins with a comparison to Canada, which requires that ...

In the recent Supreme Court case Herring v. United States, the majority determined that courts may not throw out evidence in cases where the police may have violated a suspect's Fourth Amendment ...

The exclusionary rule generally suppresses evidence that police have obtained in violation of the Fourth Amendment. On Monday, March 21, in Tolentino v. New York (No. 09-11556), the Court will ...

The Supreme Court’s 5-4 ruling on Thursday in the Michigan “knock-and-announce” case raises significant new questions about how sturdy the “exclusionary rule” is as a remedy for constitutional ...

An important measure of success is resilience in the face of attack. If so, the achievement of the Supreme Court in Mapp v. Ohio — the decision spelling out the modern meaning of the Fourth Amendment ...

Critics of the exclusionary rule fail to acknowledge it has been substantially narrowed in recent decades. Though the rule originally applied to all illegal searches, the Supreme Court decided 25 ...

Iowa Gov. Kim Reynolds recently signed into law legislation allowing for greater use of audio evidence gained by surveillance systems. Under previous Iowa law, using audio evidence could destroy the ...

SCOTUSblog has been running a series of essays on the future of the Supreme Court. Akhil Amar and I were asked to write on the future of the exclusionary rule. My essay, “Scalia’s absence may help ...