Law School

Criminal Law Part Four: Power and the Fourth Amendment

Jan 8, 2026
Dive into the intricacies of the Fourth and Fifth Amendments as they explore the exclusionary rule's origins and its impact on judicial integrity. The discussion highlights the tensions between individual rights and law enforcement practices, dissecting landmark cases like Terry v. Ohio and the evolution of Miranda rights. Hear the contrasting rationales of moral integrity versus deterrence, and how empirical studies support public confidence in legal processes. It's a thought-provoking look at the balance of justice and government power!
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INSIGHT

Exclusionary Rule's Purpose

  • The exclusionary rule prevents courts from using evidence obtained in Fourth Amendment violations to preserve judicial legitimacy.
  • Its rationale shifted from judicial integrity to deterrence, explaining many modern limitations.
INSIGHT

Deterrence Replaced Integrity

  • Modern Supreme Court doctrine emphasizes deterrence and applies exclusion narrowly when future deterrence is unlikely.
  • This shift produces exceptions where honest or isolated police mistakes won't trigger suppression.
INSIGHT

Herring's Strict Threshold

  • Herring requires deliberate, reckless, or grossly negligent police conduct to justify exclusion.
  • Simple clerical or isolated negligence usually won't produce a suppression remedy.
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