The Good Faith Exception and Changing Law: The Costs of the Exclusionary Rule, and Balancing Costs and Benefits
March 3rd, 2010 admin
This is my third post in a planned series on why the good faith exception to the exclusionary rule does not apply when a police officer conducts a search that is lawful when it occurs that is later ruled unlawful before the conviction is final. This issue is being litigated all over the country right now thanks to a clash of two recent Fourth Amendment cases, Herring v. United States , — U.S. — (2009) and Arizona v. Gant , 556 U.S. ___ (2009). Herring has language suggesting a broad approach to the good faith exception, while Gant ruled a common and widely-accepted law enforcement practice unconstitutional. The combination of the two cases raises a question: Should the exclusionary rule apply for the many violations that occurred before …
Related Videos from Youtube
Eugene Volokh on FCC Indecency Ruli...In a sharp rebuke of the Bush-era crackdown on foul language on broadcast television and radio, a federal appeals court on Tuesday struck down the government's near-zero-tolerance indecency policy as a violation of the 1st Amendment protection of free speech. lbnnews.com
Volokh: Law & Cyberspace: Legal...Carolyn Elefant, founder & CEO, The Law Offices of Carolyn Elefant, Washington, DC, presents at the panel on "Law & Cyberspace: Legal Blogging & the Courts" at the Fourth Annual Judicial Symposium on Civil Justice Issues, hosted by the Northwestern Law Judicial Education Program in December 2009.
Volokh: Law & Cyberspace: Legal...Eugene Volokh, Professor of Law, UCLA, founder, the "Volokh Conspiracy" blog, presents at the panel on "Law & Cyberspace: Legal Blogging & the Courts" at the Fourth Annual Judicial Symposium on Civil Justice Issues, hosted by the Northwestern Law Judicial Education Program in December 2009.
Eugene Volokh on Gun Rights, Free E...Reason.tv's Ted Balaker sat down with Eugene Volokh, professor of law at the UCLA School of Law and founder of The Volokh Conspiracy, to discuss gun rights, free expression, and the Nanny State. Find out what Volokh thinks the biggest threats to free expression are, and whether today's muzzlers come mostly from the left or right. Volokh also explains what the landmark Supreme Court case, DC vs. Heller, has done to gun control and whether he agrees with the "more guns, less crime" thesis. Other topics include: media bias and gun rights, Alabama's prohibition on selling sex toys, and whether judges can be nannies. Interview by Ted Balaker. Shot by Alex Manning and Hawk Jensen. Edited by Paul Detrick. Approximately nine-and-a-half minutes.
Related Posts
This is my fifth post in a planned series on why the good faith exception to the exclusionary rule does not apply when a police officer conducts a search that is lawful when it occurs that is later ruled unlawful before the conviction is final. This issue is being litigated all over the country right now thanks to a clash of two recent Fourth Amendment...
“Discovery Rule Exception in Hormone Replacement Cases Ruled a Jury Question”: Amaris Elliott-Engel will have this article , in which I am mentioned, in Wednesday’s edition of The Legal Intelligencer. My most recent earlier coverage of the ruling appears at this link .
Read More →
Wilson v. State , decided March 3 by the Texas Court of Criminal Appeals (the highest Texas court for criminal matters), involved two Texas statutes. The first is a Texas statutory exclusionary rule (Tex. Code Crim. Proc. § 38.23), first enacted in 1925: No evidence obtained by an officer or other person in violation of any provisions of the Constitution...
(Eugene Volokh) Several readers asked me why United States v. Arizona — the case in which the U.S. is challenging the constitutionality of Arizona’s law dealing with illegal immigrants — hasn’t been filed from the outset before the United States Supreme Court. Article III, section 2 of the Constitution provides, in relevant part, The judicial...
The Supreme Court agreed Monday to rule on the constitutionality of a state law banning the sale or rental of violent video games to minors. The Court accepted for review an appeal by the state of California, urging the Court to adopt a new constitutional standard that would enable states to ban such games for those under age 18. The case is Schwarzenegger...
On Wednesday, March 24, the Court will hear argument in “a maritime case about a train wreck.” At least, that is how petitioners hope to persuade the Court to view the case. In essence, the dispute in these consolidated cases boils down to whether liability for goods damaged in a train derailment is governed by a railroad statute or maritime...
(Eugene Volokh) In early 2009, a 3-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled (in Nordyke v. King ) that the Second Amendment was applicable to state and local governments. But the panel also ruled that a county ban on gun possession in county parks and fairgrounds was constitutional , because such property fell within the...
The Solicitor General recently filed invitation briefs in two cases: No. 08-1423, Costco Wholesale Corp. v. Omega , and No. 09-400, Staub v. Proctor Hosp . The government’s brief recommends that certiorari be denied in Costco , which presents the question whether a copy made outside the United States by the owner of the United States copyright...
(Orin Kerr) I explained before why brilliant people agree with me . I want to talk about the other side of the picture. I’ve come to the realization that people who disagree with me are just arguing in bad faith. How do I know? Well, when I get into an argument, no one who disagrees with me ever says anything I find persuasive. …
Read More →
Megan McArdle has a good post on Congress’s decision to hold hearings about corporations’ disclosing their charges against earnings based on estimates of health care costs: The Democrats, however, seem to believe that Generally Accepted Accounting Principles are some sort of conspiracy against Obamacare, and all that is good and right in America....
Related Tweets from Twitter
|
9to5to9 (Debra Legg) : I like this and might use it. ?Any errors are the fault of no-one in particular; rather, society itself is to blame.? http://bit.ly/9ee0HO.. Updated : 2010-09-08T15:58:35Z | Reply | View Tweet |
|
mystikx20 (s w) : Martin Wolf?s Critique of Libertarianism http://bit.ly/b93OxU.. Updated : 2010-09-08T12:56:28Z | Reply | View Tweet |
|
Wilfner (Wilfner) : RT @beckychr007: At Volokh Conspiracy Ilya Somin rebuts Brit econo journalist Martin Wolf?s recent
diss of Libertarianism http://bit.ly/avGy.. Updated : 2010-09-08T12:36:24Z | Reply | View Tweet |
|
VolokhC (Eugene Volokh) : Martin Wolf?s Critique of Libertarianism: Martin Wolf, a prominent British economics journalist, has an interestin... http://bit.ly/aCsgc0.. Updated : 2010-09-08T12:03:01Z | Reply | View Tweet |
|
selvan_tengy (tom serona) : The Volokh Conspiracy Judge Denies Stay on Stem Cell Research ...: The Bush Administration funded embryonic stem... http://bit.ly/c1dWlK.. Updated : 2010-09-08T11:42:38Z | Reply | View Tweet |
Related News from Digg
Leave a comment
| Trackback
