NCJ Number
89090
Journal
University of Pennsylvania Law Review Volume: 130 Issue: 6 Dated: (June 1982) Pages: 1610-1656
Date Published
1982
Length
47 pages
Annotation
Evidence seized in violation of the fourth amendment should be admitted under a good faith exception only if the officers whose conduct is in question can prove that they acted pursuant to a specific and reasonable institutional guideline.
Abstract
Courts should determine whether an evidence-seizing officer's conduct was constitutional before determining, under the new regulation-conscious good faith analysis, whether suppression is the proper remedy. Given the Supreme Court's current view of the source and purpose of the exclusionary rule, the adoption of a broad good faith exception seems likely. Several courts have already adopted some form of a good faith exception. The heretofore absent incentive for the development of regulations that deter police from engaging in unconstitutional conduct can be provided by a properly structured good faith exception, one that rewards police departments that promulgate comprehensive fourth amendment regulation. A total of 277 case notes are provided. (Author summary modified)