The Mere Evidence Rule: Need for Re-Evaluation

This article is limited to the "mere evidence rule" as enunciated in Gouled v. United States; a brief historical sketch of the genesis of the search warrant; the two landmark decisions leading to Gouled; and, an overview of its impact upon American law, with reference to major landmark decisions. A thorough study of the rule and its application and interpretation in the various courts of the United States is book-length in proportion, as the numerous case entries under Gouled in the several editions of Shepard's United States Citations clearly illustrate. Wigmore provides a fairly comprehensive listing of decisions on illegal searches and seizures.