Criminal Law

Exclusionary rule and qualified immunity
I do not know enough about exclusionary-rule doctrine. But a question for those who do: Is the long-term upshot of Herring v. United States that the Court brought the exclusionary rule into line with qualified immunity: An officer's reasonable mistake (of law or fact) about some underlying issues (here, whether the arrest warrant on Herring was still outstanding) that justified an unconstitutional search or seizure does not trigger the exclusionary rule despite the constitutional violation...

Carelessness Trumps the Exclusionary Rule
This week's Daily Record column is entitled "Carelessness Trumps the Exclusionary Rule." A pdf of the article can be found here and my past Daily Record articles can be accessed here...

The whittling away of the exclusionary rule
Today the U.S. Supreme Court decided  Herring v US The Court basically extended the good faith exception to the exclusionary rule to cases where the police make negligent decisions that violate the Fourth Amendment.

R.I.P., exclusionary rule
Wednesday  saw the US Supreme Court hand down the 9th and 10th opinions  of the term.  Herring v. US is either the application of prior law to a narrow, fact-specific situation, or the harbinger of a good faith exception to the exclusionary rule for warrantless searches...

Bradley on Herring v. United States
Craig Bradley (Indiana University School of Law-Bloomington) has posted Red Herring or the Death of the Exclusionary Rule? (Trial Magazine, April 2009) on SSRN. Here is the abstract: This article discusses Herring v...

Assuming Violations of the Fourth Amendment and Then Deciding the Scope of the Exclusionary Rule:
Today's 5-4 decision in Herring v. United States reminds me of a broader point about Fourth Amendment cases: If you like the exclusionary rule, you really really don't want the...

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