Search and Seizure Stop and Frisk - Evidence Seized Incident to an Arrest That Is Based Upon a Police Officer's Computer Record That Failed To Indicate That the Arrest Warrant Had Been Quashed, Due to an Error Committed by Court Personnel, Is Within the Scope of the Good Faith Exception to the Exclu

• NCJ Number: 162997
• Journal: Seton Hall Law Review Volume: 26 Issue: 2 Dated: (1996) Pages: 866-896
• Author(s): C A Haberle
• Date Published: 1996
• Length: 31 pages
• Publication Format: Article
• Publication Type: Issue Overview
• Language: English
• Country: United States of America

Annotation

This note reviews grounds for exceptions to the exclusionary rule, which provides that evidence obtained from an unreasonable search or seizure shall be inadmissible in criminal prosecutions.

Abstract

The United States Supreme Court has endorsed the exclusionary rule, finding that the primary purpose of the rule is to deter police misconduct, not to deter errors of judges and magistrates. Over the years the Court has narrowed the scope of the exclusionary rule. It has fashioned what is now commonly known as the good faith exception, in which evidence seized by officers in good faith reliance on a search warrant subsequently found to be unsupported by probable cause will be admissible at trial. The Note examines interpretation and application of the exclusionary rule in State and Federal courts; challenges to the good faith exception; the relationship of the exclusionary rule to possible violations of the Fourth Amendment; and pending congressional legislation regarding creation of a statutory good faith exception to the exclusionary rule. Footnotes