CrimProf Blog

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

Thursday, February 4, 2016

"Utah v. Strieff and the future of the exclusionary rule"

Orin Kerr has this post at ScotusBlog previewing an upcoming oral argument. In part:

Formally speaking, Utah v. Strieff considers the scope of the Fourth Amendment’s exclusionary rule when an illegal stop leads to the discovery of public information that justifies an arrest. More specifically, here’s the doctrinal question presented: Does the exclusionary rule apply when an officer learns during an illegal Terry stop that that there is a warrant for the suspect’s arrest, he arrests the suspect on the warrant, and he finds incriminating evidence during the search incident to arrest?

As a practical matter, that’s a pretty important question. But this case is also about a big conceptual question: What is the future of the exclusionary rule? This is the Court’s first exclusionary rule case since Davis v. United States in 2011. Davis left the state of the law quite uncertain, giving this case the potential to be a major decision.

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