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Paper on the demise of the exclusionary rule

By John Wesley Hall, Jr.

From the American Constitution Society for Law and Policy is this interesting paper: The Roberts Court and the Future of the Exclusionary Rule by Susan A. Bandes: The Reagan-era Justice Department, led by Attorney General Edwin Meese, spearheaded the first frontal attack on the exclusionary rule. Under the current Supreme Court, these efforts may finally come to fruition. Chief Justice John Roberts and Justice Samuel Alito, both of whom served in the Meese Justice Department are now part of a four-member voting block (with Justices Antonin Scalia and Clarence Thomas) that, to all appearances, is busily laying the groundwork for abandoning the exclusionary rule. They lack only a reliable fifth vote.

Full post as published by Fourth Amendment on April 06, 2009 (boomark / email).