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Abolishing the exclusionary rule has been a high priority for conservatives for more than 30 years. When Republicans gained control of Congress in 1995, they immediately set their sights on the exclusionary rule. Although that "reform" effort did not succeed, it is likely that similar efforts may resurface.
The drive to abolish the exclusionary rule is fundamentally misguided, on constitutional grounds, for the rule can and should be justified on separation-of-powers principles, which conservatives generally support. When agents of the executive branch (the police) disregard the terms of search warrants, or attempt to bypass the warrant-issuing process altogether, the judicial branch can and should respond by "checking" such misbehavior...
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Common topics in this essay:
- Exclusionary Rule
- The Fourth Amendment
- editorial on exclusionary rule
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- Fourth Amendment Exceptions
- Fourth Amendment
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- Should the Exclusionary Rule be Abolished
- On the Ligitimacy of the Exclusionary Rule
- Should the Exclusionary Rule be Abolished?
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