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Posted by Lea Bishop on Monday, April 05 @ 16:27:59 EDT
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Zack Bray, Case Comment: Appellate Review and the Exclusionary Rule, 113 YALE L.J. 1143 (2004).
This Case Comment analyzes the impact of the Seventh Circuit’s decision in U. S. v. Koerth on the admissibility of evidence obtained under an invalid warrant, but in good faith on the part of investigating authorities. United States v. Koerth, 312 F.3d 862 (7th Cir. 2002), cert. denied, 123 S. Ct. 1947 (2003). The author emphasizes Koerth's consistency with Leon on a substantive level, while setting a new procedural standard for appellate resolution of such cases: “Like Leon, Koerth continues to require that evidence obtained during a questionable search be admitted, under the objectively reasonable good faith exception, even if the appellate court finds that the warrant-issuing judge’s decision on the issue of probable cause was erroneous. In other words, Koerth’s substantial basis test continues to protect the effects of difficult decisions made by warrant-issuing judges and magistrates, while allowing appellate courts to create instructive precedent to guide similar decisions in the future.” The author concludes that this will encourage appellate courts to clearly define the limits of “probable cause,” when they adjudicate cases, which will ultimately provide clearer guidance to magistrates and law enforcement officers.
(Abstract prepared by Lea Bishop.)
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