NCJ Number
116476
Journal
Journal of Criminal Law and Criminology Volume: 79 Issue: 3 Dated: (Fall 1988) Pages: 647-675
Date Published
1988
Length
29 pages
Annotation
This article examines a recent U.S. Supreme Court decision that holds that the fourth amendment does not require the suppression of evidence acquired during an illegal warrantless search if that same evidence is later discovered during an independent search pursuant to a valid search warrant.
Abstract
The facts of the case, Murray v. United States, are detailed, along with the Court's reasoning. The author points out that the Murray decision, by permitting the admission of evidence first discovered during an illegal warrantless search, appears to erode the fourth amendment exclusionary rule, which requires the suppression of evidence seized during an unlawful search. However, the author continues, the holding is firmly grounded in the principles underlying the exclusionary rule. The key to preventing erosion is to ensure that a legal search following the illegal search is in fact a genuinely independent search. Additionally, courts should examine the circumstances surrounding the first illegal search and look to whether the law enforcement officers conducting that search did so in good faith. 227 footnotes.