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 ...

Why would material evidence in the possession of a murder suspect be inadmissible at trial? Simple — the exclusionary rule.

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 ...

The Trump Administration's Education Department defended the exclusionary rule as consistent with the department's focus on the importance of cross-examination and as being simple to apply. Critics of ...

Type to search articles, cases, and authors. Press ↵ to view all results. Formally speaking, Utah v. Strieff considers the scope of the Fourth Amendment’s exclusionary rule when an illegal stop leads ...

Oregon baseball’s power surge continued in the second game of its Big Ten Tournament double header, with home runs from Maddox Molony, Angel... In a Jan. 14 decision, the meaning of the exclusionary ...

Type to search articles, cases, and authors. Press ↵ to view all results. The exclusionary rule generally suppresses evidence that police have obtained in violation of the Fourth Amendment. On Monday, ...

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 ...

What happens when a police officer makes an unlawful stop, learns that the suspect has an outstanding warrant, and conducts a search incident to arrest? Should any evidence found subsequent to this ...

[This series of posts is based on Richard Re’s forthcoming Harvard Law Review article, The Due Process Exclusionary Rule/.] In this final post, I’d like to bring the discussion full circle by asking ...