The Exclusionary Rule as a Remedy
Date
2013
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Texas Tech Law Review
Abstract
Argues that the Court was correct in concluding that the exclusionary rule is a remedy, rather than a right. The advocates that the Court has been incorrect in its parsimonious use of the exclusionary rule as a remedy in that the Court consistently undervalues the importance of the exclusionary rule and, at the same time, overrates the harm that the rule can do.
Description
Keywords
Fourth Amendments violations, Exclusionary rule, Mapp v. Ohio, Fourth Amendment as a device for protecting the innocent, Hudson v. Michigan, Wilson v. Arkansas, Richards v. Wisconsin, Exclusionary rule as a remedy
Citation
Arnold H. Loewy, The Exclusionary Rule as a Remedy, 46 Tex. Tech L. Rev. 369 (2013-2014)