Archive | Good Faith Exception for Changing Law

I’ve blogged before about United States v. Katzin, the Third Circuit decision imposing a warrant requirement for installing a GPS device on a car and limiting the scope of the Davis good faith exception. In my earlier post, I explained why the Third Circuit’s good faith analysis was not likely to be the last word […]

The Court’s decision in Davis v. United States is here. The vote was 7-2, with Justice Alito writing for the majority and Justice Breyer dissenting (joined by Justice Ginsburg). The key question for the future development of Fourth Amendment law is if and when defendants can challenge adverse Fourth Amendment precedents in criminal cases. The […]

Today I filed the merits brief for the Petitioner in Davis v. United States, 09-11328, a Fourth Amendment case the Supreme Court recently agreed to hear on the scope of the exclusionary rule for searches made in reliance on subsequently-overturned precedent. The brief is here: Brief for Petitioner in Davis v. United States, 09-11328. I […]

Last year I drafted a cert petition in McCane v. United States on whether the good-faith exception to the Fourth Amendment applies to changing law. The Court denied the petition. But having now just read the cert petition in Davis v. United States, the case the Court took today that raised the same issue as […]

As regular readers know, I have a forthcoming article that explains why I think the Supreme Court should reject the good-faith exception to the exclusionary rule for reliance on overturned precedent: Good Faith, New Law, and the Scope of the Exclusionary Rule, 99 Georgetown Law Journal (forthcoming 2011). Readers will also recall that I’ve been […]

DOJ’s cert petition in United States v. Gonzalez, 10-82, a case on the good-faith exception to the Fourth Amendment, was distributed for last week’s “long conference.” The case did not appear on the Court’s list of granted cases nor its list of denied cases, however. That means either the case will be formally relisted for […]

I have posted a new draft article: Good Faith, New Law, and the Scope of the Exclusionary Rule, forthcoming in the Georgetown Law Journal. Here’s the abstract: Lower courts recently have divided on whether the good-faith exception to the Fourth Amendment exclusionary rule applies to reliance on overturned caselaw. This Article argues that the Supreme […]

Earlier this year, I blogged a lot about the circuit split that has emerged on a critical question of Fourth Amendment law: Whether the good-faith exception to the Fourth Amendment applies when a police officer conducts a search that was considered lawful at the time it occurred that is later recognized as unlawful before the […]

A while back I blogged a bunch about whether the good faith exception to the exclusionary rule should apply when a search that is constitutional under existing law at the time of the search is ruled unconstitutional on direct appeal. Yesterday the existing split deepened, with a divided Colorado Supreme Court joining the Ninth Circuit […]

This is my 6th post in series of posts on why the good faith exception to the exclusionary rule should not apply when a police officer conducts a search that is lawful when it occurs that is later ruled unlawful before the conviction is final. This issue is being litigated all over the country right […]

This is my fifth post in a planned series on why the good faith exception to the exclusionary rule does not apply when a police officer conducts a search that is lawful when it occurs that is later ruled unlawful before the conviction is final. This issue is being litigated all over the country right […]

This is my fourth post in a planned series on why the good faith exception to the exclusionary rule does not apply when a police officer conducts a search that is lawful when it occurs that is later ruled unlawful before the conviction is final. This issue is being litigated all over the country right […]

This is my third post in a planned series on why the good faith exception to the exclusionary rule does not apply when a police officer conducts a search that is lawful when it occurs that is later ruled unlawful before the conviction is final. This issue is being litigated all over the country right […]