Publication Date
3-2012
Document Type
Casenote
Abstract
To mitigate the effects of unlawful searches and remain faithful to the Fourth Amendment to the United States Constitution, the United States Supreme Court created the exclusionary rule, which requires lower courts to suppress evidence obtained from illegal searches. The Court, however, has recognized exceptions to the exclusionary rule, many of which involve police officers' "good faith" reliance on what they believe to be legal authority to search. In Davis v. United States, the Supreme Court held that, where a police officer relies on binding precedent in performing a search, the Fourth Amendment exclusionary rule will not be used to suppress evidence stemming from that search. This holding, however, expanded the exclusionary rule's "good faith exception," thus calling the future of the exclusionary rule into question.
Recommended Citation
de Golian, Eleanor
(2012)
"Davis and the Good Faith Exception: Pushing Exclusion to Extinction?,"
Mercer Law Review: Vol. 63:
No.
2, Article 8.
Available at:
https://digitalcommons.law.mercer.edu/jour_mlr/vol63/iss2/8