Abstract

http://ssrn.com/abstract=2103817
 


 



Fruitless Poisonous Trees in a Parallel Universe: Hudson v. Michigan, Knock-and-Announce and the Exclusionary Rule


David Jason Rankin Frakt


US Air Force JAG Corps Reserve; University of Pittsburgh - School of Law

2007

Florida State University Law Review, Vol. 34, p. 659, 2007

Abstract:     
On June 15, 2006, the Supreme Court announced in Hudson v. Michigan that the remedy of the exclusionary rule would not be avail-able to suppress evidence found in searches after Fourth Amendment knock-and-announce violations. The decision represents the demise of the knock-and-announce rule and has broad significance for the future of the exclusionary rule. Hudson creates a potentially broad new exception to the exclusionary rule (the parallel universe exception) which relies on what police officers hypothetically could have done instead of what they actually did. It also creates a new class of Fourth Amendment violations (fruitless poisonous trees) which are automatically ineligible for the exclusionary rule. This Article provides a critical analysis of the majority opinion, responding to each argument made and addressing major logical flaws and inconsistencies in the rationales and reasoning offered by Justice Scalia. The Article also places Hudson in the broader context of the Court's jurisprudence and addresses the implications of the decision for the exclusionary rule.

Number of Pages in PDF File: 72

Keywords: Hudson v. Michigan, Knock and announce, exclusionary rule, Fourth Amendment

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Date posted: July 11, 2012  

Suggested Citation

Frakt, David Jason Rankin, Fruitless Poisonous Trees in a Parallel Universe: Hudson v. Michigan, Knock-and-Announce and the Exclusionary Rule (2007). Florida State University Law Review, Vol. 34, p. 659, 2007. Available at SSRN: http://ssrn.com/abstract=2103817

Contact Information

David Jason Rankin Frakt (Contact Author)
US Air Force JAG Corps Reserve ( email )
United States
University of Pittsburgh - School of Law ( email )
3900 Forbes Ave.
Pittsburgh, PA 15260
United States

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