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1. The Fourth Amendment Exclusionary Rule

James J. Tomkovicz

in Constitutional Exclusion: The Rules, Rights, and Remedies that Strike the Balance Between Freedom and Order

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195369243
eISBN:
9780199893409
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195369243.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter addresses the most prominent exclusionary rule, the Fourth Amendment doctrine commanding the suppression of evidence acquired from unreasonable searches or seizures. This rule emerged in ... More


The Influence of Felix Frankfurter

Tracey Maclin

in The Supreme Court and the Fourth Amendment's Exclusionary Rule

Published in print:
2012
Published Online:
May 2013
ISBN:
9780199795475
eISBN:
9780199979684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795475.003.0010
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

The effect of Weeks and Silverthorne Lumber was that evidence obtained from an unreasonable search and seizure could not be used in a federal prosecution. This judgment—that the exclusionary rule is ... More


Constitutional Exclusion: The Rules, Rights, and Remedies that Strike the Balance Between Freedom and Order

James J. Tomkovicz

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195369243
eISBN:
9780199893409
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195369243.001.0001
Subject:
Law, Constitutional and Administrative Law

The Supreme Court's interpretations of constitutional guarantees have produced seven “exclusionary rules” which prevent prosecutors from introducing evidence of guilt in criminal trials. By requiring ... More


The Warren Court on Exclusion: Mapp v. Ohio, then Retreat

Tracey Maclin

in The Supreme Court and the Fourth Amendment's Exclusionary Rule

Published in print:
2012
Published Online:
May 2013
ISBN:
9780199795475
eISBN:
9780199979684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795475.003.0011
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter examines the significance of Mapp v. Ohio. Mapp was the first decision to interpret the Due Process Clause to impose on the states the same substantive constitutional criminal procedure ... More


The Fourth Amendment Means that Illegally Acquired Evidence “shall not be used at all”

Tracey Maclin

in The Supreme Court and the Fourth Amendment's Exclusionary Rule

Published in print:
2012
Published Online:
May 2013
ISBN:
9780199795475
eISBN:
9780199979684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795475.003.0009
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter focuses on two cases, Boyd v. United States and Weeks v. United States, which established the foundation for what would become the rule that individuals were entitled to keep illegally ... More


The Fourth Amendment: Origins and Original Meaning 602 - 1791

William J. Cuddihy

Published in print:
2009
Published Online:
January 2009
ISBN:
9780195367195
eISBN:
9780199867448
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367195.001.0001
Subject:
Law, Legal History

This book tells the full story of the Fourth Amendment's complex history leading up to its ratification, including its intellectual roots in England. The Fourth Amendment's protection against ... More


The Supreme Court and the Fourth Amendment's Exclusionary Rule

Tracey Maclin

Published in print:
2012
Published Online:
May 2013
ISBN:
9780199795475
eISBN:
9780199979684
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795475.001.0001
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

The application of the Fourth Amendment's Exclusionary Rule has divided the Justices of the Supreme Court for nearly a century. As the legal remedy for when police violate the Fourth Amendment rights ... More


Introduction

William J. Cuddihy

in The Fourth Amendment: Origins and Original Meaning 602 - 1791

Published in print:
2009
Published Online:
January 2009
ISBN:
9780195367195
eISBN:
9780199867448
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367195.003.0025
Subject:
Law, Legal History

This introductory chapter begins with a brief discussion of the roots of the Fourth Amendment. It describes people's desire for privacy dating back to ancient times. It argues that the original ... More


Reading the Fourth Amendment: Guidance from the Mischief That Gave It Birth

M. Blane Michael

in The Embattled Constitution

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814770122
eISBN:
9780814762806
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814770122.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter examines the Fourth Amendment and whether it can offer any meaningful privacy protection today for personal electronic data. It first reviews some of the history behind the Fourth ... More


Criminal Procedure

Michael S. Pardo and Dennis Patterson

in Minds, Brains, and Law: The Conceptual Foundations of Law and Neuroscience

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199812134
eISBN:
9780199368594
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199812134.003.0006
Subject:
Law, Philosophy of Law, Medical Law

This chapter examines the three primary constitutional provisions that limit the gathering and use of neuroscientific evidence by the government: the Fourth Amendment, the Fifth Amendment privilege ... More


SDRs after the Second Amendment

Christopher M.D. Wilkie

in Special Drawing Rights (SDRs): The First International Money

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199606467
eISBN:
9780191731648
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606467.003.0007
Subject:
Economics and Finance, Macro- and Monetary Economics

Not only SDRs, but the IMF itself enjoyed prospectively greater powers in the late 1970s. These were illusory, however, as responsibility for liquidity provision, particularly for the creditworthy, ... More


The Burger Court: Uncoupling the Exclusionary Rule from the Constitution

Tracey Maclin

in The Supreme Court and the Fourth Amendment's Exclusionary Rule

Published in print:
2012
Published Online:
May 2013
ISBN:
9780199795475
eISBN:
9780199979684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795475.003.0050
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter focuses on how the appointment of Warren E. Burger as Chief Justice of the United States led to the significant curtailment of the scope of the exclusionary rule. It addresses the ... More


The Court Rushing to Limit Application of the Exclusionary Rule “somewhere, anywhere&”

Tracey Maclin

in The Supreme Court and the Fourth Amendment's Exclusionary Rule

Published in print:
2012
Published Online:
May 2013
ISBN:
9780199795475
eISBN:
9780199979684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795475.003.0013
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter focuses on efforts to restrict the scope and application of the exclusionary rule. While Chief Justice Burger did not convince his colleagues to repeal the exclusionary rule in Stone v. ... More


The Good-Faith Exception

Tracey Maclin

in The Supreme Court and the Fourth Amendment's Exclusionary Rule

Published in print:
2012
Published Online:
May 2013
ISBN:
9780199795475
eISBN:
9780199979684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795475.003.0014
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter examines the good-faith exception. By 1981, the majority of the Supreme Court shared Justice White's objective to the bar application of the exclusionary rule when police acted in the ... More


Subpoenas and Privacy

in Privacy at Risk: The New Government Surveillance and the Fourth Amendment

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226762838
eISBN:
9780226762944
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226762944.003.0006
Subject:
Law, Criminal Law and Criminology

This chapter examines the history of the subpoena in an attempt to understand how the currently lax approach to transaction surveillance in the United States developed. It explains the historical ... More


A Fourth Amendment Framework

in Privacy at Risk: The New Government Surveillance and the Fourth Amendment

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226762838
eISBN:
9780226762944
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226762944.003.0002
Subject:
Law, Criminal Law and Criminology

This chapter presents an interpretation of the Fourth Amendment in relation to government surveillance in the United States. It argues that when contemplating surveillance, government should be ... More


The Rehnquist and Roberts Courts: Making the Exclusionary Rule Largely Irrelevant

Tracey Maclin

in The Supreme Court and the Fourth Amendment's Exclusionary Rule

Published in print:
2012
Published Online:
May 2013
ISBN:
9780199795475
eISBN:
9780199979684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795475.003.0016
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter focuses on the scope and application of the exclusionary rule in the Rehnquist and Roberts Courts. Several cases are discussed including James v. Illinois, Brown v. Illinois, Dunaway v. ... More


Cloud Privacy Law in the United States and the European Union

Andrea Renda

in Regulating the Cloud: Policy for Computing Infrastructure

Published in print:
2015
Published Online:
May 2016
ISBN:
9780262029407
eISBN:
9780262331166
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262029407.003.0005
Subject:
Computer Science, Programming

This paper reviews the legal framework for data protection in the US and the EU and the attempts made in both jurisdictions to adapt the framework to the challenges posed by cloud computing and the ... More


Privacy at Risk: The New Government Surveillance and the Fourth Amendment

Christopher Slobogin

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226762838
eISBN:
9780226762944
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226762944.001.0001
Subject:
Law, Criminal Law and Criminology

Without our consent and often without our knowledge, the government can constantly monitor many of our daily activities, using closed circuit TV, global positioning systems, and a wide array of other ... More


Systematic Government Access to Private-Sector Data in the United States II: The US Supreme Court and Information Privacy

Fred H. Cate and Beth E. Cate

in Bulk Collection: Systematic Government Access to Private-Sector Data

Published in print:
2017
Published Online:
October 2017
ISBN:
9780190685515
eISBN:
9780190685546
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190685515.003.0009
Subject:
Law, Company and Commercial Law, Constitutional and Administrative Law

This chapter covers the US Supreme Court’s position on access to private-sector data in the United States. Indeed, the Supreme Court has written a great deal about “privacy” in a wide variety of ... More


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