Saturday, January 31, 2009

De-evolution of Federal Exclusionary Rule

Here's a link to an interesting article by Adam Liptak, of the New York Times, analyzing the erosion of the federal exclusionary rule. http://www.nytimes.com/2009/01/31/washington/31scotus.html?hp

As I often mention and am always thankful for, Idaho has no good-faith exception to the exclusionary rule. Our state constitutional exclusionary rule, which pre-dates Mapp v. Ohio (which applied the Fourth Amendment rule to the states), is not co-extensive with the federal rule. State v. Arrequi (1927); State v. Guzman (1992).

At the same time, best wishes for the long life and good health of Justice Kennedy.

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