Abstract

http://ssrn.com/abstract=1115583
 
 

Footnotes (201)



 


 



Katz in the Age of Hudson v. Michigan: Some Thoughts on 'Suppression as a Last Resort'


Sharon L. Davies


Ohio State University College of Law

Anna B. Scanlon


affiliation not provided to SSRN


UC Davis Law Review, Vol. 41, p. 1035, 2008

Abstract:     
In its landmark decision of Katz v. United States, the U.S. Supreme Court reconfigured the framework in which Fourth Amendment violations are defined and analyzed by rejecting the notion of constitutionally protected areas and adapting a new emphasis on the individual expectation of privacy. In doing so, the Court extended the Amendment's previously circumscribed reach to protect people, not places. But the force of Katz's protections was, and still is, ultimately predicated on the remedy of exclusion. Unquestioned at the time of Katz, the exclusion of evidence was once a near-certain consequence of unconstitutional searches. In the forty years since Katz, however, the Court has carved out numerous exceptions to the exclusionary rule, thereby limiting both its effectiveness and its protective reach. The Court's most recent retraction of the exclusionary rule in the facially innocuous Hudson v. Michigan threatens to undermine the Katz remedy. This Article explains how Justice Antonin Scalia's 5-4 majority opinion in Hudson misstates and diverges from traditional exclusionary rule jurisprudence, and it warns of the ramifications of such divergence.

Number of Pages in PDF File: 46

Keywords: Hudson, Katz, Mapp, Weekes, exclusionary rule, suppression, fourth amendment, attenuation, fruits, causation, inevitable, independant source, remedy, warrant, deterrence

JEL Classification: K14

Accepted Paper Series





Download This Paper

Date posted: April 2, 2008  

Suggested Citation

Davies, Sharon L. and Scanlon, Anna B., Katz in the Age of Hudson v. Michigan: Some Thoughts on 'Suppression as a Last Resort'. UC Davis Law Review, Vol. 41, p. 1035, 2008. Available at SSRN: http://ssrn.com/abstract=1115583

Contact Information

Sharon Lee Davies (Contact Author)
Ohio State University College of Law ( email )
55 West 12th Avenue
Room 308
Columbus, OH 43210
United States
614-688-3389 (Phone)
614-292-2035 (Fax)
Anna B. Scanlon
affiliation not provided to SSRN ( email )
Feedback to SSRN


Paper statistics
Abstract Views: 469
Downloads: 53
Download Rank: 229,818
Footnotes:  201

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.360 seconds