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- Title
Excluding the Exclusionary Rule: Extending the Rationale of Hudson v. Michigan to Evidence Seized During Unauthorized Nighttime Searches.
- Authors
Gittins, Jeffry R.
- Abstract
The article argues that the rationale announced by the U.S. Supreme Court in the Hudson versus Michigan case should be extended to unauthorized nighttime searches. In 1914, the Supreme Court first introduced exclusionary rule, which stated that evidence obtained pursuant to an unauthorized search and seizure under Fourth Amendment standards cannot be used in subsequent criminal trials. Knock-and-announce rule requires law enforcement officials to announce their identity and purpose before entering a private residence to execute a warrant. But courts were struggling in determining the reasonableness of a search.
- Subjects
UNITED States; LEGAL evidence; SEARCHES &; seizures (Law); EXCLUSIONARY rule (Evidence); UNITED States. Supreme Court; LAW; HUDSON v. Michigan (Supreme Court case)
- Publication
Brigham Young University Law Review, 2007, Vol 2007, Issue 2, p451
- ISSN
0360-151X
- Publication type
Article