The Trump Administration's Education Department defended the exclusionary rule as consistent with the department's focus on the importance of cross-examination and as being simple to apply. Critics of ...

The Supreme Court’s brisk opinion in Dahda v. United States awarded the government yet another exclusionary rule victory, this time in the context of a statutory provision rooted in the Omnibus Crime ...

This article discusses the recent Appellate Division, Third Department decision in 'People v. Jones', where the court held that the exclusionary rule can be applied to a racially motivated traffic ...

Dahda v. United States arguably poses a clash between two of the Supreme Court’s recent passions: strict adherence to statutory texts and cutting back on the exclusionary rule. This tension is unusual ...

WASHINGTON — The Supreme Court agreed Tuesday to reconsider the reach of the “exclusionary rule,” a doctrine that has been controversial since the 1960s because it requires judges to throw out ...

In this case, the Virginia Supreme Court is considering whether the U.S. Constitution and/or the Virginia Constitution require the exclusionary rule—which protects people from unconstitutional ...

In this case, the Minnesota Supreme Court is considering the scope of a crucial doctrine that protects criminal defendants from being convicted based on evidence obtained in violation of their ...

Does the U.S. Constitution forbid the government from using illegally obtained evidence against a criminal suspect in court? The U.S. Supreme Court has ruled that it does. In the landmark 1914 case of ...

This series of posts is based on Richard Re’s forthcoming Harvard Law Review article, “The Due Process Exclusionary Rule.” In my first two posts, I argued that the exclusionary rule is in a state of ...

The Supreme Court Should Affirm That Schools Cannot Usurp Parental Rights This Day in Liberal Judicial Activism—November 7 Judges Need to Know What Time It Is — Time to Go Senior This Day in Liberal ...

Like my co-blogger Will Baude, I was very interested in the Ninth Circuit’s recent case, United States v. Dreyer, suppressing evidence as a violation of the Posse Comitatus Act. I think the case is ...

The Fourth Amendment provides a consistent stream of litigation to the U.S. Supreme Court. This term is no exception. The Fourth Amendment provides a consistent stream of litigation to the U.S.