What is the Exclusionary Rule? [No. 86]
What is the remedy when police violate your Fourth Amendment rights? In the landmark case of Mapp v. Ohio, the Supreme Court created an “exclusionary rule” that deems inadmissible any evidence obtained by searches and seizures in violation of the Fourth Amendment. Professor Paul Cassell explains the exclusionary rule and explores whether it’s time for the Supreme Court to reconsider it. As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker. Learn more about Paul Cassell: https://faculty.utah.edu/u0031056-PAU... Related links: The Future of Miranda and the Exclusionary Rule https://fedsoc.org/commentary/publica... Tossing illegally obtained evidence only helps the guilty, former judge says https://archive.sltrib.com/article.ph... Differing views: The Court after Scalia: The despicable and dispensable exclusionary rule https://www.scotusblog.com/2016/09/th... The Exclusionary Rule: Is It on Its Way Out? Should It Be? https://kb.osu.edu/bitstream/handle/1... The Due Process Exclusionary Rule https://harvardlawreview.org/2014/05/... Justice Thomas versus the Exclusionary Rule and Federal Common Law in Collins v. Virginia https://originalismblog.typepad.com/t...
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