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NY Times article on demise of exclusionary rule

By John Wesley Hall, Jr.

The NY Times has an article today on the exclusionary rule, by Adam Liptak, U.S. Is Alone in Rejecting All Evidence if Police Err. Is Mr. Liptak forecasting Hudson fanning out throughout Fourth Amendment jurisprudence? The United States is the only country to take the position that some police misconduct must automatically result in the suppression of physical evidence. The rule applies whether the misconduct is slight or serious, and without regard to the gravity of the crime or the power of the evidence. “Foreign countries have flatly rejected our approach,” said Craig M. Bradley, an expert in comparative criminal law at Indiana University. “In every other country, it’s up to the trial judge to decide whether police misconduct has risen to the level of requiring the exclusion of evidence...continue to full post

Full post as published by Fourth Amendment on July 19, 2008 (boomark / email).