Study Guide
Law 3840
Criminal Law and Procedure
Dr. Edmonds
The Exclusionary Rule
Read Weeks v. United States, 232U.S. 383 (1914) What did the
Supreme Court say about the use by Federal prosecutors of
evidence seized in violation of the 4th Amendment?
What did the Supreme Court say about State prosecutions in Wolf
v. Colorado, 338 U.S. 25 (1949)?
How did Mapp v. Ohio, 367 U.S. 643 (1961) change the landscape
of search and seizure law?
What do we call the rule that came from Weeks and Mapp?
What did the Michigan Supreme Court have to say in People v.
Pennington, 383 Mich. 611 (1970) about Michigan’s Constitution
and its limitation on the application of the exclusionary rule to
illegally possessed drugs, bombs and guns?
Study Guide, Exclusionary Rule page 2
What did the U. S. Supreme Court have to say about the Arizona
Constitution in Mincy v. Arizona, 437 U.S. 385 (1978)?
What do these two cases tell us about attempts to limit the
application of the exclusionary rule?
Read Massachusetts v. Sheppard, 468 U.S. 981 (1984) and U.S. v.
Leon, 468 U.S. 897 (1984). What do they have to say about an
exception to the exclusionary rule?
What is it called?
What are the elements of the exception?
In what four situations does Leon say that this exception will not
be appropriate?