Abstract
The exclusionary rule is a "judicially created remedy designed to safeguard Fourth Amendment rights," which provides for the suppression of primary and derivative evidence obtained from an illegal search. While often applied in criminal cases, in United States v. Calandra,3 the United States Supreme Court utilized a balancing test to determine whether to apply the rule in non-criminal contexts.4 Suppression of evidence in accordance with the exclusionary rule in both criminal and non-criminal cases has been criticized in many circles,5 with the debate recently resurfacing after the Supreme Court declined to apply the rule in administrative parole revocation proceedings.6 That holding and others like it have been criticized on the grounds that administrative hearings are "quasi-criminal," or punitive in nature, and therefore involve penalties similar enough to criminal punishments to require suppression of illegally obtained evidence.
Recommended Citation
Michele L. Hornish,
Excluding the Exclusionary Rule in Driver's License Suspension and Revocation Hearings,
65 Mo. L. Rev.
(2000)
Available at: https://scholarship.law.missouri.edu/mlr/vol65/iss2/6