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Exclusion of the exclusionary rule: Hudson v. Michigan.
- Article from:
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Jones Law Review
- Article date:
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March 22, 2007
- Author:
- Brown, Eric
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Copyright informationCOPYRIGHT 2007 Thomas Goode Jones School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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INTRODUCTION
In Hudson v. Michigan, the Supreme Court of the United States once again limited the use of the exclusionary rule as a remedy for violations of the Fourth Amendment to the United States Constitution by holding that the rule is inapplicable to violations of the knock-and-announce rule. (1) Furthermore, unlike any other time since the application of the exclusionary rule to the states, a majority of the Court strongly implied that several existing remedies are viable alternatives, or even superior alternatives, to the exclusionary rule. (2) With this favorable treatment of other remedies, the Court appears to put the exclusionary rule itself on trial in all ...
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Q: does 'reform' of the Exclusionary Rule threaten our liberties?...
Insight on the News;
December 11, 1995 ;
Glasser, Ira McCollum, Bill;
787 words
......so-called Exclusionary Rule Reform Act...enforce the Fourth Amendment to the Constitution...exception to the Fourth Amendment's Exclusionary Rule. Although...upheld the Exclusionary Rule itself as...deterring Fourth Amendment violations...
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Expanding exclusionary rule exceptions and contracting Fourth Amendment...
Journal of Criminal Law and Criminology;
June 22, 1996 ;
Jackson, Heather A.;
787 words
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The inevitable discovery: Exception to the exclusionary rule
FBI Law Enforcement Bulletin;
September 1, 1997 ;
Hendrie, Edward M;
787 words
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Fourth Amendment exclusionary rule inapplicable to child protection...
Child Protection Law Report;
June 1, 2005 ;
522 words
......decided that the exclusionary rule, which bars...a result of Fourth Amendment violations...Exclusionary Rule The exclusionary rule operates mainly...violation of the Fourth Amendment via an unreasonable...violations of Fourth Amendment rights ...
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Off the Mapp: parole revocation hearings and the Fourth Amendment.
Journal of Criminal Law and Criminology;
March 22, 1999 ;
Stevens, Duncan N.;
787 words
......applying the exclusionary rule to remedy Fourth Amendment violations...BACKGROUND A. THE EXCLUSIONARY RULE The Fourth Amendment(8) to the U...insistence that the exclusionary rule is a remedy for Fourth Amendment violations...
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Excluding the Exclusionary Rule: Extending the Rationale of Hudson v....
Brigham Young University Law Review;
January 1, 2007 ;
Gittins, Jeffry R;
787 words
......application of the exclusionary rule was the correct...remedy for a Fourth Amendment violation...explores the exclusionary rule, giving a...history of the Fourth Amendment, discussing...history of the exclusionary rule. The first...history of the ...
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An alternative approach to the Fourth Amendment in public schools:...
Brigham Young University Law Review;
January 1, 1998 ;
Mitchell, J Chad;
787 words
......student's Fourth Amendment right9 to...guarantees of the Fourth Amendment are protected by the exclusionary rule, which requires...that the Fourth Amendment's exclusionary rule does not...then the exclusionary rule would bar...under the ...
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EXCLUSIONARY RULE SENDS DANGEROUS MESSAGE.(Editorial)
Seattle Post-Intelligencer (Seattle, WA);
July 9, 2006 ;
720 words
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Fixing the Constable's Blunder: Can One Trial Judge in One County in One...
Brigham Young University Law Review;
January 1, 2006 ;
Caldwell, H Mitchell;
787 words
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Kaupp v. Texas: breathing life into the Fourth Amendment.
Journal of Criminal Law and Criminology;
March 22, 2004 ;
Robinson, Denise;
787 words
......UNDER THE FOURTH AMENDMENT: THE EXCLUSIONARY RULE The Supreme...Amendments, the exclusionary rule remained as a remedy to a Fourth Amendment violation...TODAY The Fourth Amendment and the exclusionary rule continue...
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The case for the contingent exclusionary rule
The American Criminal Law Review;
January 1, 2001 ;
Dripps, Donald;
787 words
......debate over the exclusionary rule. Critics have...rather than on the exclusionary rule which operates...are violated.4 Exclusionary rule advocates have...exceptions to the exclusionary rule. The most obvious...remedies and the exclusionary rule have ...
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HIGH COURT DECISION DUMPING EXCLUSIONARY RULE UNDERMINES ESTABLISHED...
US Fed News Service, Including US State News;
July 18, 2006 ;
671 words
......specifically, the court said the "exclusionary rule" - under which evidence from an illegal...tainted search. Traditionally, the "exclusionary rule" balanced the rights of the accused...not understanding the value of the exclusionary rule as a sensible mechanism to assure...
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Exclusionary rule must make sense
Chicago Sun-Times;
December 27, 1990 ;
James J. Kilpatrick;
533 words
......The cases deal with the exclusionary rule. One case involves Charles...of indecision over the exclusionary rule. The justices keep trying...automobile exception" to the Fourth Amendment. Justice Harry Blackmun...The whole purpose of the exclusionary rule - and it is an ...
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The writings of John Barker Waite and Thomas Davies on the search and...
Michigan Law Review;
June 1, 2002 ;
Kamisar, Yale;
787 words
......Davies on the original Fourth Amendment. (2) Convincing myself...the search and seizure exclusionary rule, a controversy that, despite...his recovering [of the Fourth Amendment's] original understanding...anyone interested in the exclusionary rule debate. While Davies' ...
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Commentary: The Pursuit of Justice: Exclusionary Rule provides safeguards...
The Daily Record (Baltimore);
July 27, 2007 ;
Steven I. Platt;
787 words
......what is known as the "Exclusionary Rule." That rule requires a...was in violation of the Fourth, Fifth or Sixth amendments...constitutional rights. The Exclusionary Rule has been applied in federal...in some quarters, the Exclusionary Rule in one form or another...flat-out ...
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