What happens when a police officer makes an unlawful stop, learns that the suspect has an outstanding warrant, and conducts a search incident to arrest? Should any evidence found subsequent to this ...

Although the U.S. Supreme Court speaks of the need for straightforward, bright-line rules to govern criminal procedure, its decisions often do not yield the desired results. This is not a criticism of ...

Under the inevitable discovery exception to the exclusionary rule, evidence is admitted, even if it's the fruit of an unconstitutional search, if the government would have discovered the evidence ...

The vote came during consideration of the "Exclusionary Rule Reform Act of 1995," a law that would allow police to search your home without a warrant so long as they acted in "good faith," and was ...

For purposes of the exclusionary rule, HIPAA is no guide as to whether evidence was illegally obtained by law enforcement. It can only dictate whether protected health information was improperly used ...

In this case, the Minnesota Supreme Court is considering the scope of a crucial doctrine that protects criminal defendants from being convicted based on evidence obtained in violation of their ...