NCJ Number
106631
Date Published
1986
Length
45 pages
Annotation
This study explores the impact of a 1984 U.S. Supreme Court decision, United States v. Leon, on the application and use of search warrants, with a secondary concentration on its effect on State court rulings and law enforcement officials' response to supervision of the search warrant process.
Abstract
United States v. Leon allowed the reasonable, good-faith exception to the exclusionary rule for fourth amendment violations in evidence on search warrants later found defective. The reasonable, good-faith exception to the exclusionary rule was examined in 7 anonymous cities used in Van Duizend, et al (1985), a previous search warrant study, and 30 additional randomly selected cities. A total of 2,115 search warrant applications made 3 months before and after the decision were reviewed, and 187 interviews with key criminal justice personnel, police, and prosecutors were conducted. The study found that the search warrant process, the quality and quantity of warrants, judicial suppression of evidence, and police and prosecutors' administrative practices have not changed because of the decision. Patrol officers are rarely involved with search warrants and have little understanding of the decision, while the level of knowledge about the decision varies according to rank and involvement in the process among prosecutors, defense attorneys, and judges. Eight State courts have adopted the decision, nine have declined to decide, two have rejected it, and the remainder have not heard a case presenting it. 17 references and 6 tables.