The Exclusionary Rule and Police Perjury
Sevilla, Charles M. & Edelhertz, Herbert
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- 1985People v. Tallagua Cal. Ct. App.
- 1982People v. Garcia Ill. App. Ct.
- 1978Franks v. Delaware U.S.
- 1975United States ex rel. Petillo v. New Jersey D.N.J.
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Abstract
This Article examines the legitimacy of the criticism of the Fourth Amendment exclusionary rule. In doing so, a general theme will emerge: the exclusionary rule is a benevolent concept crippled by police perjury and judicial hostility and seen as deserving a mercy killing by those who never wanted to give it life. It is the intent of this Article to explore the extent to which police perjury and judicial hostility have crippled the purpose and effect of the Fourth Amendment exclusionary rule. The conclusion will provide suggestions which, if implemented, could breathe new life into a beleaguered Fourth Amendment.