NCJ Number
90288
Journal
Kentucky Law Journal Volume: 70 Issue: 3 Dated: (1981-82) Pages: 879-897
Date Published
1982
Length
19 pages
Annotation
The application of the good faith doctrine which has modified the exclusionary rule must always consider the doctrine's main purpose: the admission of evidence only when police officers acted in good faith and in the reasonable, although mistaken, belief that they were authorized to make the search.
Abstract
Richmond v. Commonwealth is a case in which the Kentucky Court of Appeals applied this doctrine. A series of U.S. Supreme Court decisions modifying the exclusionary rule had also shown that the court does not consider the rule to be coextensive with Fourth Amendment rights. State and lower Federal court decisions have considered the good faith doctrine. These courts have not abused their discretion in meeting the interpretation problems that inevitably arise with the adoption of a new legal standard. Guidelines have been developed to determine what constitutes objective good faith, and limits on the operation of the rule have been established. The good faith doctrine is theoretically sound. In addition, it can balance the practical problems faced by police officers during a search and seizure against the right of citizens to be free from violations of the Fourth Amendment. A total of 89 reference notes are given.