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Hudson v. Michigan - U.S. Supreme Court - exclusionary rule does not apply to knock-and-announce violations.

By Rob Leonard

Today the United States Supreme Court decided Hudson v. Michigan (Slip opinion 04-1360).  The opinion was authored by Justice Scalia in four parts.  Thomas, Alito, Roberts concurred with all four parts, while Kennedy concurred with only parts One, two and three and concurred in Judgment.  Breyer filed a dissent which Stevens, Souter and Ginsburg joined. It is a 51 page opinion, so it doesn’t exactly qualify as “light reading.”  Here is my extremely “boiled down” summary. The majority has taken a combination historical and societal interest approach in deciding this case.  They weigh the societal interest in not letting off criminals against the deterrent effect of the exclusionary rule on law enforcement.  Scalia says, “the grave adverse consequence that excluding relevant incriminating evidence always entails the risk of releasing dangerous criminals...continue to full post

Full post as published by Georgia Criminal Law Blog on June 15, 2006 (boomark / email).