The Resource Davis v. United States : retroactivity and the good-faith exception to the exclusionary rule, Emily C. Barbour

Davis v. United States : retroactivity and the good-faith exception to the exclusionary rule, Emily C. Barbour

Label
Davis v. United States : retroactivity and the good-faith exception to the exclusionary rule
Title
Davis v. United States
Title remainder
retroactivity and the good-faith exception to the exclusionary rule
Statement of responsibility
Emily C. Barbour
Creator
Contributor
Subject
Genre
Language
eng
Summary
In Davis v. United States, the Supreme Court will consider whether evidence that was seized in violation of the defendant's Fourth Amendment rights is admissible at trial because the police seized the evidence in good-faith reliance on then-controlling case law. The petitioner in that case, Willie Davis, was arrested after a traffic stop. Following his arrest, the police searched the passenger compartment of the car in which he had been riding. At the time of the search, the police were acting in conformity with controlling Eleventh Circuit precedent. However, after Davis was convicted and had filed an appeal, the Supreme Court ruled that this type of search incident to arrest was unconstitutional under the Fourth Amendment. Following that ruling, the Eleventh Circuit held that despite the new standard making the underlying search unconstitutional, the evidence is admissible under the good-faith exception to the exclusionary rule. In similar cases, the Sixth and Tenth Circuits reached the same conclusion, but the Ninth Circuit has held that if a search is deemed unconstitutional under new Supreme Court precedent, the evidence seized during that search must be excluded. Congress has occasionally considered legislation codifying the exclusionary rule or its good-faith exception. The scope of Congress's authority to enact or modify exclusionary rule jurisprudence depends on the extent to which the exclusionary rule is constitutionally required. Although the Supreme Court has repeatedly characterized the exclusionary rule as having no constitutional basis, it has firmly grounded the retroactivity doctrine in Article III of the Constitution. Accordingly, Davis presents the Supreme Court with a new opportunity to address the extent to which the exclusionary rule may--or may not--be constitutionally required
Member of
Cataloging source
LNH
http://bibfra.me/vocab/lite/collectionName
HeinOnline U.S. Congressional Documents Library
http://library.link/vocab/creatorName
Barbour, Emily C
Government publication
federal national government publication
Index
no index present
LC call number
KF9630
LC item number
.B373 2011 ONLINE
Literary form
non fiction
Nature of contents
  • dictionaries
  • bibliography
  • legal cases and notes
http://library.link/vocab/relatedWorkOrContributorName
Library of Congress
Series statement
CRS report for Congress
Series volume
R41774
http://library.link/vocab/subjectName
  • Davis, Willie Gene
  • United States.
  • Searches and seizures
  • Evidence (Law)
  • Exclusionary rule (Evidence)
  • Good faith (Law)
  • Evidence (Law)
  • Exclusionary rule (Evidence)
  • Good faith (Law)
  • Searches and seizures
  • United States
Label
Davis v. United States : retroactivity and the good-faith exception to the exclusionary rule, Emily C. Barbour
Instantiates
Publication
Note
  • "April 19, 2011."
  • Title from title screen (viewed Oct. 21, 2011)
Bibliography note
Includes bibliographical references
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Color
multicolored
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Control code
757932426
Dimensions
unknown
Extent
1 online resource (9 pages)
File format
one file format
Form of item
online
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Specific material designation
remote
System control number
(OCoLC)757932426
System details
  • Mode of access: World Wide Web
  • System requirements: Adobe Acrobat Reader
Label
Davis v. United States : retroactivity and the good-faith exception to the exclusionary rule, Emily C. Barbour
Publication
Note
  • "April 19, 2011."
  • Title from title screen (viewed Oct. 21, 2011)
Bibliography note
Includes bibliographical references
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Color
multicolored
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Control code
757932426
Dimensions
unknown
Extent
1 online resource (9 pages)
File format
one file format
Form of item
online
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Specific material designation
remote
System control number
(OCoLC)757932426
System details
  • Mode of access: World Wide Web
  • System requirements: Adobe Acrobat Reader

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