SCOTUSblog has been running a series of essays on the future of the Supreme Court. Akhil Amar and I were asked to write on the future of the exclusionary rule. My essay, "Scalia's absence may help ...

In the recent Supreme Court case Herring v. United States, the majority determined that courts may not throw out evidence in cases where the police may have violated a suspect's Fourth Amendment ...

Orin S. Kerr is a Professor at George Washington University Law School, where he teaches criminal law and procedure. His scholarly work focuses on the Fourth Amendment and computer-related crimes.

Fewer than 1 in 100 criminal defendants goes free because the judge throws out evidence as illegally obtained, a small price to pay for the exclusionary rule, concluded a Tribune editorial. What The ...

Iowa Gov. Kim Reynolds recently signed into law legislation allowing for greater use of audio evidence gained by surveillance systems. Under previous Iowa law, using audio evidence could destroy the ...

Adam Liptak has an interesting article about the exclusionary rule and how the American use of the rule differs from other countries. He begins with a comparison to Canada, which requires that ...

The exclusionary rule generally suppresses evidence that police have obtained in violation of the Fourth Amendment. On Monday, March 21, in Tolentino v. New York (No. 09-11556), the Court will ...

An important measure of success is resilience in the face of attack. If so, the achievement of the Supreme Court in Mapp v. Ohio — the decision spelling out the modern meaning of the Fourth Amendment ...

SCOTUSblog has been running a series of essays on the future of the Supreme Court. Akhil Amar and I were asked to write on the future of the exclusionary rule. My essay, “Scalia’s absence may help ...

The Tribune`s study of the effects of the exclusionary rule on our system of justice shows only that our prosecutors have adjusted to the Warren court decisions and that they do not waste the ...