What happens when a police officer makes an unlawful stop, learns that the suspect has an outstanding warrant, and conducts a search incident to arrest? Should any evidence found subsequent to this ...

Under the inevitable discovery exception to the exclusionary rule, evidence is admitted, even if it's the fruit of an unconstitutional search, if the government would have discovered the evidence ...

Although the U.S. Supreme Court speaks of the need for straightforward, bright-line rules to govern criminal procedure, its decisions often do not yield the desired results. This is not a criticism of ...

For people who care about civil liberties, it was definitely not a good thing when the Roberts Court decided to hear an exclusionary rule case this term. As Adam notes below, the Court's Wednesday ...

"Under settled law, the exclusionary rule, which applies in criminal cases, does not apply in civil cases," Justice Stephen R. McCullough wrote in the unanimous opinion for the Virginia Supreme Court.

The vote came during consideration of the "Exclusionary Rule Reform Act of 1995," a law that would allow police to search your home without a warrant so long as they acted in "good faith," and was ...

In a divided opinion, the Tennessee Supreme Court has adopted a good-faith exception similar to one set forth by the United States Supreme Court in Herring v. United States, which held “that when ...

Does the U.S. Constitution forbid the government from using illegally obtained evidence against a criminal suspect in court? The U.S. Supreme Court has ruled that it does. In the landmark 1914 case of ...

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 ...

In this case, the Minnesota Supreme Court is considering the scope of a crucial doctrine that protects criminal defendants from being convicted based on evidence obtained in violation of their ...