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)