NCJ Number
113443
Journal
Criminal Justice Policy Review Volume: 2 Issue: 1 Dated: (April 1988) Pages: 53-69
Date Published
1988
Length
17 pages
Annotation
This study analyzes the application of the exclusionary rule to fourth amendment search-and-seizure cases in the Federal circuit courts during 1968-85.
Abstract
The study coded data from each of 535 such cases decided during this period. The exclusionary rule has always been applied in a small minority of cases, and the proportion of cases in which evidence has been excluded has declined over time. In most cases the court decisions have been based on a routine evaluation of the facts of individual cases, and decisions are largely lacking in sophisticated discussion of constitutional principles. Burger Supreme Court decisions over the last 15 years have had a limiting effect on the circumstances under which the exclusionary rule can be applied. 8 tables, 15-item bibliography. (Author abstract modified)