NCJ Number
110425
Journal
University of West Los Angeles Law Review Volume: 17 Dated: (1985) Pages: 179-208
Date Published
1985
Length
30 pages
Annotation
This discussion of the U.S. Supreme Court's decision in U.S. v. Leon argues that the Court's reasoning and analysis substantiating the good faith exception to the exclusionary rule are basically flawed, fundamentally unsound, and potentially dangerous.
Abstract
After describing the facts and holding of Leon, the paper outlines the legal background relevant to the development of the exclusionary rule and the slow advance of a good faith exception as one solution to modify that rule. The reasoning of both majority and dissenting opinions in Leon are summarized. A critique of the decision contends that the good faith exception fails to take into account the constitutional requirements and precedential authority that command the proper functioning and genuine application of the exclusionary rule. Moreover, the ruling ignores social policy considerations which view the exclusionary rule as the most effective judicial vehicle for the preservation of our individual rights, civil liberties, and free society. 237 footnotes.