Supreme Court and the Fourth Amendment's Exclusionary Rule
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The application of the Fourth Amendment's Exclusionary Rule has divided the Justices of the Supreme Court for nearly a century. As the legal remedy for when police violate the Fourth Amendment rights of a person and discover criminal evidence through illegal search and seizure, it is the most frequently litigated constitutional issue in United State's courts. Tracey Maclin'sThe Supreme Court and the Fourth Amendment's Exclusionary Ruletraces the rise and fall of the exclusionary rule using insight and behind-the-scenes access into the Court's thinking.Based on original archival research into the private papers of retired Justices, Professor Maclin's analysis clarifies the motivations and thoughts that explain the Court's exclusionary rule jurisprudence. He includes a comprehensive scholarly and objective discussion of the reasoning behind the Court decisions, and demonstrates that like other constitutional doctrines, the exclusionary rule is a political mechanism that expands and contracts as the times and Justices change. Ultimately, this book will help readers understand how constitutional law is constructed by judges with diverse political perspectives.
List price: $105.00
Copyright year: 2012
Publisher: Oxford University Press, Incorporated
Publication date: 11/22/2012
Size: 6.75" wide x 9.75" long x 1.00" tall
|The Fourth Amendment Means that Illegally Acquired Evidence "shall not be used at all"|
|The Influence of Felix Frankfurter|
|The Warren Court on Exclusion: Mapp v. Ohio, then Retreat|
|The Burger Court: Uncoupling the Exclusionary Rule from the Constitution|
|The Court Rushing to Limit Application of the Exclusionary Rule "somewhere, anywhere…"|
|The Good-Faith Exception|
|Warren Burgerï¿½s Triumph|
|The Rehnquist and Roberts Courts: Making the Exclusionary Rule Largely Irrelevant|
|Table of Authorities|
|Table of Cases|