What cases do you see on the horizon regarding Fourth Amendment searches and seizures?

"By far the most pressing issue for the U.S. Supreme Court relates to the so-called Exclusionary Rule, which provides that evidence obtained in violation of the Fourth Amendment must be excluded from a criminal trial. Four of the members of the ninejustice Court dislike the rule, enough so to abolish it. The effect of that would be to permit the police to break the law — indeed the highest law of the land, the Constitution — and then use the fruits of that illegality to convict a person of a crime. I don't think the Court has the fifth vote to abolish the Rule in its entirety (even with the retirement of Justice Souter, an advocate of the Exclusionary Rule), but they are in the process of narrowing it dramatically, and we will see more of that in coming months."

Joshua Dressler
Frank R. Strong Chair in Law