Exclusionary Rule

This map shows main lines in the longstanding debate over the exclusionary rule (ER). The ER was first announced as a remedy for 4th Amendment violations in Weeks (1914). The ER was finally applied against the states in Mapp (1961), which overruled Wolf (1949). Since that time, the debate has raged.

Today's controversies extend this debate. The "strong" line is in green; it advocates for a fullsome ER. The "weak" line is in purple; it seeks to erode the ER. Although Strieff (2016) is not pictured (see here), it fits into this map. Justice Thomas' majority decision would be purple while Justice Sotomayor's dissent would be green.

This map shows how 4th amendment doctrine develops dialectically. Competing schools argue and their arguments produce rules. In this controversial arena, rules are sometimes overruled.