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Article
The Exclusionary Rule: Is It on Its Way Out? Should It Be?
Ohio State Journal of Criminal Law
  • Christopher Slobogin
Document Type
Article
Publication Date
1-1-2013
Disciplines
Abstract

This symposium, comprising six articles in addition to this one, was triggered by a spate of Supreme Court opinions occurring over the last seven years, all of which raise the two questions in the title to this article (which is also the title of the symposium). Since 1974, when United States v. Calandra definitively established deterrence as the primary objective of the suppression remedy, the Court has nibbled away at the exclusionary rule from a number of different directions. But the Court's decisions in Hudson v. Michigan (2006), Herring v. United States (2009), and Davis v. United States (2011) reveal a Court that is now willing to take much larger bites out of the rule, and perhaps even swallow it whole.

Citation Information
Christopher Slobogin. "The Exclusionary Rule: Is It on Its Way Out? Should It Be?" Ohio State Journal of Criminal Law Vol. 10 (2013) p. 341
Available at: http://works.bepress.com/christopher-slobogin/40/