CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Saturday, November 9, 2013

"Fourth Amendment Not Dead Yet"

From In part:

I get a document dump from Lexis every morning. For the last two months, Tuesday-Saturday averages (just a guess) 35-40 new cases a day from all court sources that post to Lexis: U.S. District Courts, some state trial courts (more notably MA, NY, DE, RI, VI), and all the appellate courts in the U.S. Civil cases at the trial level aren't covered anymore because there are too many of them, and I have a day job. It's hard enough covering the criminal cases, and some weekday mornings I have court to prepare for.

But the sheer number of cases that come out shows that lawyers and courts have not given up on the Fourth Amendment. Yes, the limiting of the exclusionary rule and the growth of the good faith exception and qualified immunity make it harder to win, but we keep trying, and we keep winning some.

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