{"id":5323,"date":"2011-03-22T06:52:17","date_gmt":"2011-03-22T06:52:17","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-03-22T06:52:17","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5323","title":{"rendered":"SCOTUSBlog: Davis v. U.S.<\/em> argument recap"},"content":{"rendered":"

SCOTUSBlog: Davis v. United States Argument recap: Selling complexity \/ The Court explores a professor\u2019s complex argument to protect the integrity of the Court\u2019s Fourth Amendment precedents<\/a>:<\/p>\n

It was a complex argument, all about the Court preserving the integrity of its constitutional decision-making, that professor Orin S. Kerr offered to the Justices in Davis v. U.S. (09-11328). And its complexity stood out in quite vivid contrast to the simple \u2014 even simplistic \u2014 argument that a Justice Department lawyer would make.<\/p>\n

While Kerr was at the lectern, the skepticism about his theme ran back and forth across the bench. Still, he was making his points and, as the argument moved on, it became evident that Kerr had stirred some interest, perhaps even sympathetic interest \u2014 from several Justices, perhaps most notably Justice Anthony M. Kennedy, often the holder of a decisive vote. He also heard, from Justice Elena Kagan, a compromise way that he could win.<\/p>\n

The Davis case is about the so-called \u201cexclusionary rule,\u201d a judge-made doctrine that bars evidence from criminal trials if police got it while violating the Fourth Amendment. Davis focuses specifically on whether the Court will benefit police by expanding one significant exception to that rule: the doctrine that the evidence can be used anyway, if police got it in \u201cgood faith,\u201d believing at the time that what they did was legal.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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