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NCJ Number: 99393 Add to Shopping cart Find in a Library
Title: Will New Jersey Re-Discover a 'Good-Faith Exception' to the Exclusionary Rule? - Part 1
Journal: Criminal Justice Quarterly  Volume:8  Issue:4  Dated:(Spring 1985)  Pages:176-200
Author(s): R Susswein
Date Published: 1985
Page Count: 25
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Language: English
Country: United States of America
Annotation: After discussing two recent U.S. Supreme Court cases (United States v. Leon and Massachusetts v. Shepherd) which adopted a variation of the 'good faith' exception to the exclusionary rule, this first of a two-part article chronicles the history of the Federal exclusionary rule and the New Jersey courts' response to changing Federal interpretations of the rule.
Abstract: In United States v. Leon, the U.S. Supreme Court held that where police reasonably rely on the validity of a search warrant, evidence seized pursuant to the warrant's execution should not be suppressed, notwithstanding that the warrant was not based on probable cause. In Massachusetts v. Sheppard, where a judge committed a clerical error that rendered a search warrant technically defective, the Court concluded that the police had taken every precaution that could reasonably have been expected of them and that no purpose could be served by excluding the seized evidence. The Federal courts are now bound to consider in each case the applicability of the limited good faith exception announced in 'Leon' and 'Sheppard.' The New Jersey Supreme Court, however, has opted to interpret the State constitution so as to provide greater protections against unreasonable searches and seizures than is currently afforded under the U.S. Supreme Court's interpretation of the fourth amendment. A total of 205 footnotes are listed.
Index Term(s): Exceptions to exclusionary rule; Exclusionary rule; New Jersey; State supreme courts; US Supreme Court decisions
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