Court takes on Fourth Amendment exclusionary rule

September 9, 2011 By  Timothy P. O'Neill Timothy P. O'Neill is a professor at The John Marshall Law School. He was a finalist for the 2010 "Peter Lisagor Award" for Exemplary Journalism in the area of Commentary. Let's talk about "The Biggest Loser." No, not the TV show. I want to talk about what Linda Greenhouse referred to as "The Biggest Loser" of the 2010 term of the U.S. Supreme Court: the Fourth Amendment. From a defense perspective, the result was scorched earth. For openers, the government won all three Fourth Amendment cases. Justice Samuel Alito wrote two of the majority … [Read more...]

Nashville Criminal Attorney Explains: New Search Warrant Law in Tennessee

Tennessee law previously required that the execution of search warrants by police officers follow a certain set of simple yet strict rules. If those rules were not followed precisely, it could result in the implementation of what is known to Nashville criminal defense attorneys as the exclusionary rule. The exclusionary rule provides that any evidence which is obtained in violation of an individual’s constitutional rights is subject to being suppressed entirely and not available to prosecutors for use at a criminal trial. A new law in Tennessee, which will go into effect July 1, 2011, will … [Read more...]

- Sitemap - Privacy Policy - Find Shipman - Google+