A New Exclusionary Rule to Protect Bodily Integrity and Discourage Pretext Stops

From the introduction:

“Although the Fourth Amendment grants the Supreme Court power over searches and seizures, it would be unrealistic to turn to the Court for help. In theory, the Fourth Amendment exclusionary rule shapes future police behavior by excluding evidence from trials if the police obtained it unlawfully. However, when it comes to racial profiling and pretext stops, police operate beyond the reach of the exclusionary rule. Therefore, this article proposes another exclusionary framework that does not depend upon a finding that police violated the Fourth Amendment. This new statutory scheme would not replace the current constitutional exclusionary rule; it would supplement Fourth Amendment motions to suppress. “

File Type: pdf
Categories: Law Review Articles, Resource Library
Tags: 4th Amendment, Data Collection and Analysis, Implicit Racial Bias, Police, Racial and Ethnic Disparities