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eBook details

• Title: Davis V. United States: Why the Supreme Court Should Preserve Judicial Integrity and Prevent Further Erosion of the Exclusionary Rule.
• Author : Faulkner Law Review
• Release Date : January 22, 2011
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 333 KB

Description

I. INTRODUCTION "In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously." (1) For example, "a court's failure to apply a newly declared constitutional rule to criminal cases pending on direct review violates basic norms of constitutional adjudication." (2) Specifically, the failure violates the principle of similar treatment of similarly situated defendants when not all defendants are benefited by a newly announced rule. (3) The similar treatment principle is relevant in Fourth Amendment jurisprudence. When a court determines that a Fourth Amendment violation has occurred, the remedy may be exclusion of some or all of the evidence obtained. (4) Just such a violation is alleged to have occurred when what began as a simple traffic stop made its way to the United States Supreme Court.

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