The Exclusionary Rule at Risk

By Kristopher A. Nelson
in February 2009

200 words / 1 min.
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A longstanding part of U.S. law, known as the exclusionary rule, is getting bruised. The rule requires courts to exclude - or throw out - some evidence seized by law enforcement through illegal searches. But a ruling last month by the Supremes allowed the prosecution of an Alabama man on drug-possession and gun-possession charges despite […]


Note: this post is from 2009. Evaluate with care and in light of later events.

A longstanding part of U.S. law, known as the exclusionary rule, is getting bruised. The rule requires courts to exclude – or throw out – some evidence seized by law enforcement through illegal searches.

But a ruling last month by the Supremes allowed the prosecution of an Alabama man on drug-possession and gun-possession charges despite the fact that the contraband was found through an illegal search. The 5-to-4 decision in Herring v U.S. is being hailed as perhaps the start of the fulfillment of a longtime conservative dream.

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