This Comment addresses the workability of a good faith exception to the exclusionary rule. The author begins by reviewing the development of the exclusionary rule and the good faith exception, and then discusses the arguments against the exception. The author argues that various Supreme Court decisions illustrate the Court's willingness to reevaluate the objectives of the exclusionary rule and portend the adoption of a good faith exception in which evidence will be held admissible when an officer acts under the reasonable, though mistaken, belief that his search or seizure was legal. The author proposes a prospective judgment procedure, which preserves the deterrent efficacy of the exclusionary rule and promotes development of fourth amendment principles.
Kelly J. Salt,
Proposal for a Workable Good Faith Exception to the Exclusionary Rule: Prospective Judgments,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol21/iss5/8