The Exclusionary Rule at Risk

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 […]

Canada judge rules emergency wiretap law unconstitutional

JURIST – Paper Chase: Canada judge rules emergency wiretap law unconstitutional: British Columbia Supreme Court Justice Barry Davies has ruled that Section 184.4 of the Canadian Criminal Code, which allows law enforcement officers to electronically intercept private communications in ‘exceptional circumstances’ without court authorization, is unconstitutional because it violates ‘the fundamental freedom to be free […]

Katz and Berger and a "Reasonable Expectation of Privacy"

Question: Do Katz and Berger support the concept that a “reasonable expectation of privacy” determines when a “search” or “seizure” has occurred in violation of the Fourth Amendment? In Katz, the majority opinion speaks of justifiable reliance determining what is a “search and seizure”: “[t]he Government’s activities in electronically listening to and recording the petitioner’s […]