Chapter 4 – The Court has identified situations in which evidence

Chapter 4

  1. The Court has identified situations in which evidence obtained is admissible in court even though something may have been wrong with either the conduct of the police or the court that issued the warrant. These exceptions to the exclusionary rule fall into four categories: good faith, inevitable discovery, purged taint, and independent source. Discuss the cases that led to these exceptions and the reasoning behind the exceptions.
  2. A number of proposals have been put forth to replace the exclusionary rule. Discuss the alternatives including the strengths and weaknesses of each. Discuss the reasons why such alternatives are not popular in the United States.
  3. The Court has stated in a number of cases that the primary purpose of the exclusionary rule is to deter police misconduct. Discuss the importance of this purpose in cases involving exceptions to the exclusionary rule.

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