The Utah v. Strieff decision and the limits of the exclusionary rule

njdiver

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The Utah v. Strieff decision and the limits of the exclusionary rule

The "chicken or the egg problem" presents the dilemma of mutually dependent circumstances. It is an age-old question we have all encountered at some point in our lives — in a different idiomatic phrasing we would say we have a "Catch-22" situation.

Recently, the U.S. Supreme Court issued a decision in Utah v. Strieff that required the majority to resolve a unique circumstance involving an unlawful stop of a pedestrian. Further, the court’s decision may have left the wrong impression for police officers concerning the limits of Terry stops.

Yet, what the court did show was the continuing limits of the exclusionary rule.

 

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