EBOOK Supreme Court and the Fourth Amendment's Exclusionary Rule

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ISBN
9780199969456
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Opis


The application of the Fourth Amendment&'s Exclusionary Rule has divided the Justices of the Supreme Court for nearly a century. As the legal remedy for when police violate the Fourth Amendment rights of a person and discover criminal evidence through illegal search and seizure, it is the most frequently litigated constitutional issue in United States courts. Tracey Maclin&'s The Supreme Court and the Fourth Amendment&'s Exclusionary Rule traces the rise and fall of the exclusionary rule using insight and behind-the-scenes access into the Court&'s thinking.   Based on original archival research into the private papers of retired Justices, Professor Maclin&'s analysis clarifies the motivations and thoughts that explain the Court&'s exclusionary rule jurisprudence. He includes a comprehensive scholarly and objective discussion of the reasoning behind the Court decisions, and demonstrates that like other constitutional doctrines, the exclusionary rule is a political mechanism that expands and contracts as the times and Justices change. Ultimately, this book will help readers understand how constitutional law is constructed by judges with diverse political perspectives.