Cleveland State Law Review
exclusionary rule, due process
On July 5, 1984, the Supreme Court in Leon v. United States held that where law enforcement officials execute a search warrant issued in violation of the dictates of the fourth amendment but act in the "good faith," "objectively-reasonable" belief that the warrant was constitutionally valid, the fruits of the search should not (with a few exceptions) be excluded from evidence under the exclusionary rule. On June 8, 1983, in Illinois v. Gates, the Supreme Court, after calling for and receiving briefs and arguments on the same issue of whether the exclusionary rule should be modified, concluded, for reasons of jurisdiction and prudence, that it could not reach that question in that case. This two-part Article is about certain qualities of fairness--those qualities that although subtle, are central to the idea and spirit of justice in adjudication. This Article is about how those qualities were subverted in the process by which the doctrine of United States v. Leon became law.
Joel J. Finer, Gates, Leon and the Compromise of Adjudicatory Fairness: (Part I)-A Dialogue on Prejudicial Concurrences, 33 Cleveland State Law Review 707 (1985)