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 ...

In 1949, Justice Frank Murphy dissented in the case of Wolf v. Colorado, passionately defending the exclusionary rule. He warned that "only by exclusion [of evidence] can we impress upon the zealous ...

Although the U.S. Supreme Court speaks of the need for straightforward, bright-line rules to govern criminal procedure, its decisions often do not yield the desired results. This is not a criticism of ...

Under the inevitable discovery exception to the exclusionary rule, evidence is admitted, even if it's the fruit of an unconstitutional search, if the government would have discovered the evidence ...

In a divided opinion, the Tennessee Supreme Court has adopted a good-faith exception similar to one set forth by the United States Supreme Court in Herring v. United States, which held “that when ...

The vote came during consideration of the "Exclusionary Rule Reform Act of 1995," a law that would allow police to search your home without a warrant so long as they acted in "good faith," and was ...

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 ...

Dahda v. United States arguably poses a clash between two of the Supreme Court’s recent passions: strict adherence to statutory texts and cutting back on the exclusionary rule. This tension is unusual ...

In this case, the Minnesota Supreme Court is considering the scope of a crucial doctrine that protects criminal defendants from being convicted based on evidence obtained in violation of their ...