Reasonable Remedies and (Or?) the Exclusionary Rule

Date

2010

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Focuses on a very practical question - whether the exclusionary rule is an effective way of enforcing Fourth Amendment values, with the key word being "effective." In other words, and setting aside (for now) the question of what values the Fourth Amendment is meant to advance, the question is: How do we vindicate those values and, perhaps more importantly, do we do it well? Argues that the chosen method for vindication, the exclusionary rule, is by design famously under-inclusive.

Description

Keywords

Fourth Amendment, Exclusionary rule, Supreme Court's decisions limiting the application of the exclusionary rule, Increased litigation, First Amendment values

Citation

Kenneth W Starr and Audrey L. Maness. Reasonable Remedies and (Or?) the Exclusionary Rule, 43 Tex. Tech L. Rev. 373 (2010-2011)