20 January 2009

The Exclusionary Rule

Randy Barnett, a law professor, explores problems with the operation of the 4th Amendment exclusionary rule, and suggests solutions involving a restitutionary remedy and vicarious liability of police departments for police misconduct, similar to those I have identified in the past.

I'm not convinced that the exclusionary rule does as much harm as suggested in cases of factually guilty criminal defendants, many of whom face criminal liability for some manner of drug or contraband possession. But, his suggestions for improving civil rights action remedies are good ones.

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