The Supreme Court and The Fourth Amendment’s Exclusionary Rule
The application of the Fourth Amendment's Exclusionary Rule has divided the Justices of the Supreme Court for nearly a century. As the legal remedy for when police violate the Fourth Amendment rights of a person and discover criminal evidence through illegal search and seizure, it is the most frequently litigated constitutional issue in United States courts. Professor Tracey Maclin, author of The Supreme Court and the Fourth Amendment's Exclusionary Rule, will trace the rise and fall of the exclusionary rule using insight and behind-the-scenes access into the Court's thinking.
Based on original archival research into the private papers of retired Supreme Court Justices, Professor Maclin's analysis will clarify the judicial motivations and thoughts that explain the Court's exclusionary rule jurisprudence. His work includes a comprehensive scholarly and objective discussion of the reasoning behind the Court decisions, and demonstrates that like other constitutional doctrines, the exclusionary rule is a political mechanism that expands and contracts as the times and Justices change. Ultimately, Professor Maclin will help attendees understand how constitutional law is constructed by judges with diverse political perspectives.
TRACEY MACLIN is Professor of Law at Boston University School of Law where he has taught courses on constitutional law, criminal procedure and the Supreme Court for the past twenty-five years. He is one of the foremost scholars on search and seizure law in the U.S.
This program has been approved by the Pennsylvania Continuing Legal Education Board for (1) hour of substantive credit.