For instance, when the exclusionary
rule was operating, judges generally preferred to use the ordinary meaning rule.
exclusive focus on municipal-level exclusionary
zoning misses other
Part II traces the doctrinal history in order to highlight the central role of constitutional principle in the Court's construction and elaboration of the Fourth Amendment exclusionary
rule and its more recent decision to justify the rule as a form of punishment designed to deter officers from violating the Fourth Amendment.
Districts in the study spent roughly $140 million in 2010-11 on exclusionary
As Greene notes in his introduction: "Too broad to fit comfortably within an Atlantic framework and too narrow to represent a global perspective," he concludes that Exclusionary
Empire as a whole fits within the confines of "imperial" history.
United States even further restricts the application of the exclusionary
rule where errors in government databases form the basis for a search.
The CAU has the purpose or effect of substantially lessening competition in the relevant market This is a form of "catch all" provision that is aimed at any capturing anti-competitive conduct that does not fall within the definition of an Exclusionary
Severely curtailing the scope and effect of the exclusionary
rule, the Supreme Court has recently labeled it a judicially crafted remedy subject to a cost-benefit analysis rather than an inherent part of the amendment, as the Weeks opinion emphasized.
10) The Supreme Court, in a 5-4 decision, while "accept[ing] the parties' assumption that there was a Fourth Amendment violation" (11) in arresting the defendant on a nonexistent warrant, concluded that the exclusionary
rule was not applicable in a case such as this, namely, where "the error was the result of isolated negligence attenuated from the arrest.
This has a big effect on the understanding of exclusionary
practices, because many of them (predatory pricing, for example) can succeed only if someone, or lots of someones, behaves irrationally.
One might object that a search warrant requirement was necessary if the exclusionary
rule was to have any teeth.
They seem to be in less danger of being exclusionary