|
|
Article: Expanding exclusionary rule exceptions and contracting Fourth Amendment protection.(Supreme Court Review)(Case Note)
- Article from:
- Journal of Criminal Law and Criminology
- Article date:
- June 22, 1996
- Author:
CopyrightCOPYRIGHT 1996 Northwestern University, 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)
|
I. INTRODUCTION
In Arizona v. Evans,(1) the United States Supreme Court held that the exclusionary rule does not apply where an unlawful search is the result of a clerical error by a court employee.(2) The Court reasoned that the exclusionary rule did not fulfill its requisite deterrent purposes in a case where a police officer acted in good faith in response to a non-existent misdemeanor warrant appearing on the police computer.(3) Thus, the Court ruled that evidence seized in violation of Isaac Evans' Fourth Amendment rights could be admitted and used against Evans in a criminal proceeding.(4) According to the Court, the exclusionary rule is a judicially ...