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Languages : en
Pages : 18
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Author:
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Languages : en
Pages : 18
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Category :
Languages : en
Pages : 32
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Author: Emily C. Barbour
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Category : Evidence (Law)
Languages : en
Pages : 9
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In Davis v. United States, the Supreme Court will consider whether evidence that was seized in violation of the defendant's Fourth Amendment rights is admissible at trial because the police seized the evidence in good-faith reliance on then-controlling case law. The petitioner in that case, Willie Davis, was arrested after a traffic stop. Following his arrest, the police searched the passenger compartment of the car in which he had been riding. At the time of the search, the police were acting in conformity with controlling Eleventh Circuit precedent. However, after Davis was convicted and had filed an appeal, the Supreme Court ruled that this type of search incident to arrest was unconstitutional under the Fourth Amendment. Following that ruling, the Eleventh Circuit held that despite the new standard making the underlying search unconstitutional, the evidence is admissible under the good-faith exception to the exclusionary rule. In similar cases, the Sixth and Tenth Circuits reached the same conclusion, but the Ninth Circuit has held that if a search is deemed unconstitutional under new Supreme Court precedent, the evidence seized during that search must be excluded. Congress has occasionally considered legislation codifying the exclusionary rule or its good-faith exception. The scope of Congress's authority to enact or modify exclusionary rule jurisprudence depends on the extent to which the exclusionary rule is constitutionally required. Although the Supreme Court has repeatedly characterized the exclusionary rule as having no constitutional basis, it has firmly grounded the retroactivity doctrine in Article III of the Constitution. Accordingly, Davis presents the Supreme Court with a new opportunity to address the extent to which the exclusionary rule may--or may not--be constitutionally required.
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Category :
Languages : en
Pages : 40
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Category :
Languages : en
Pages : 48
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Author: United States. Supreme Court
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Languages : en
Pages :
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Category :
Languages : en
Pages : 14
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Category :
Languages : en
Pages : 22
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Author: Felix Frankfurter
Publisher: Da Capo Press, Incorporated
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Category : Biography & Autobiography
Languages : en
Pages : 258
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Category :
Languages : en
Pages : 90
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