Although the U.S. Supreme Court speaks of the need for straightforward, bright-line rules to govern criminal procedure, its decisions often do not yield the desired results. This is not a criticism of ...
Under the inevitable discovery exception to the exclusionary rule, evidence is admitted, even if it's the fruit of an unconstitutional search, if the government would have discovered the evidence ...
The vote came during consideration of the "Exclusionary Rule Reform Act of 1995," a law that would allow police to search your home without a warrant so long as they acted in "good faith," and was ...
On Monday, the Fifth Circuit decided an interesting Miranda case, allowing admission of a suspect's unwarned statements. And Judge Jones provided an even more interesting concurring opinion, ...
Before TJOFLAT, BARKETT and KRAVITCH, Circuit Judges. Police arrested Willie Gene Davis after a traffic stop and searched the car in which he was riding as permitted by our decision in United States v ...