The exclusionary rule and causation: Hudson v. Michigan and its ancestors.

Iowa Law Review | July 1, 2008| | Copyright

ABSTRACT: In Hudson v. Michigan, the Supreme Court held that evidence need not be excluded despite the fact that the police had violated the Fourth Amendment by failing to knock and announce their presence before conducting a search. The Court said that the constitutional violation was not a but-for cause of the seizure; the police would have obtained the evidence even if they had knocked. Hudson's analysis threatens to withdraw the exclusionary remedy whenever the police have conducted a search in an unconstitutional manner--most notably, when they have failed to obtain a ...

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