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Perspective

Oct. 25, 2011

The good faith exception to the exclusionary rule: a shift in focus

What was an essential ingredient of the Fourth Amendment is now a 'bitter pill' to swallow. By Brian M. Hoffstadt of the Los Angeles County Superior Court


The Fourth Amendment's exclusionary rule is anything but an absolute command. As a doctrine of judicial creation rather than constitutional imperative, this rule of evidence suppression has, for various policy reasons, been found not to apply at all in many criminal and quasi-criminal proceedings (such as grand jury proceedings, sentencing and probation revocation hearings, and immigration hearings). Not until 1984, however, did the U.S. Supreme Court first hold that t...

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