The Intercircuit Exclusionary Rule

James Durling

Journal: Yale Law Journal

Volume: 128

Year: 2018

Bluebook Citation: 128 YALE L.J. (2018)

Author: James Durling: all 3 publications


Abstract

Imagine that you commit a crime in Connecticut and then return home to Puerto Rico where you commit another crime. In the course of investigating the second crime (in Puerto Rico), the FBI discovers evidence that implicates you in the first crime. In light of this evidence, the federal government indicts you for the first crime, in accordance with venue rules, in the District of Connecticut. At trial, you argue that the inculpatory evidence should be suppressed because the Second Circuit (the place of the trial) has ruled that similar searches violate the Fourth Amendment.

The government, by contrast, argues that the evidence should be admitted because the First Circuit (the place of the search) has ruled that such searches do not violate the Fourth Amendment. How should the trial judge rule?1

Chat with this journal article using AI

Ask CiteLaw's AI Navigator anything about this journal article, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.