U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Search and Seizure at the Federal Circuit Level

NCJ Number
113443
Journal
Criminal Justice Policy Review Volume: 2 Issue: 1 Dated: (April 1988) Pages: 53-69
Author(s)
D W Jackson; J W Riddlesperger
Date Published
1988
Length
17 pages
Annotation
This study analyzes the application of the exclusionary rule to fourth amendment search-and-seizure cases in the Federal circuit courts during 1968-85.
Abstract
The study coded data from each of 535 such cases decided during this period. The exclusionary rule has always been applied in a small minority of cases, and the proportion of cases in which evidence has been excluded has declined over time. In most cases the court decisions have been based on a routine evaluation of the facts of individual cases, and decisions are largely lacking in sophisticated discussion of constitutional principles. Burger Supreme Court decisions over the last 15 years have had a limiting effect on the circumstances under which the exclusionary rule can be applied. 8 tables, 15-item bibliography. (Author abstract modified)