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NCJ Number: 98270 Find in a Library
Title: Good Faith Exception to the Exclusionary Rule - A Panel Discussion
Journal: Whittier Law Review  Volume:6  Issue:4  Dated:(1984)  Pages:979-1010
Corporate Author: Whittier College School of Law
United States of America
Date Published: 1984
Page Count: 32
Sponsoring Agency: Whittier College School of Law
Los Angeles, CA 90020
Format: Article
Language: English
Country: United States of America
Annotation: The 'good faith' exception to the exclusionary rule (United States v. Leon) has created much discussion. It is the subject of this forum organized by Whittier College School of Law on October 2, 1984.
Abstract: The exclusionary rule represents a remedy by which one's constitutional rights may be protected and serves three distinct ends. It (1) deters illegal state conduct, (2) preserves judicial integrity by inhibiting the courts from becoming accomplices in the willful disobedience of a Constitution they were sworn to uphold, and (3) may minimize the risk of seriously undermining popular trust in government by demonstrating to the public that government may not benefit by its unconstitutional conduct. The question the panel addresses is whether the exclusionary rule should be abolished. Representative arguments include the position that the good faith exception to the exclusionary rule is not the place to start doing something about crime, but rather that the fourth amendment and the other amendments in the Bill of Rights which set definite restrictions on the activities of the police are more appropriate. Other arguments propose that the exclusionary rule helps accomplish its purposes and does deter future illegal practices by the police. The issue of search warrants is discussed and landmark decisions with regard to the exclusionary rule are used as background arguments.
Index Term(s): Burden of proof; Evidence; Exceptions to exclusionary rule; Exclusionary rule; Search and seizure laws
Note: Larry Fidler, moderator, Joan Howarth, Curt Livesay, Gerald Uelmen, and Gregory Wolf, panelists.
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