The Exclusionary Rule as a Remedy

Date

2013

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)