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It wasn’t until the 1960s that the searches that violated the 4th amendment were excluded in non-federal contexts. Mapp v Ohio is one of the most landmark cas
by kasey_junk 2y ago
It wasn’t until the 1960s that the searches that violated the 4th amendment were excluded in non-federal contexts.
Mapp v Ohio is one of the most landmark cases in 4th amendment law and the ruling came down in 1961. So when someone tells you that your maximalist interpretation isn’t historically accurate, they aren’t harkening back to colonial era rules.
- tptacek 2y ago(To be clear for everyone else: at the federal level, the exclusionary rule dates back to the turn of the 20th century and builds on cases from the late 19th century [Boyd v US is I think one of the big ones], and, I think it's important to keep in mind, we're talking about a period of time during which the Bill of Rights itself was just beginning to be formally incorporated on the states).