The Writings of John Barker Waite and Thomas Davies on the Search and Seizure Exclusionary Rule
After browsing through many volumes of the 'Michigan Law Review', searching for the article I would discuss on the occasion of the law review's 100th anniversary, I wound up with two "finalists": a 1955 article by Professor John Barker Waite on the law of arrest search and s...
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Veröffentlicht in: | Michigan law review 2002-06, Vol.100 (7), p.1821-1866 |
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Format: | Artikel |
Sprache: | eng |
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Zusammenfassung: | After browsing through many volumes of the 'Michigan Law Review', searching for the article I would discuss on the occasion of the law review's 100th anniversary, I wound up with two "finalists": a 1955 article by Professor John Barker Waite on the law of arrest search and seizure (on further reflection, four 'Michigan Law Review' commentaries on the general subject written by Waite between 1933 and 1955) and a monumental 200-page article (surely one of the longest articles ever to appear in the 'Michigan Law Review') by Thomas Davies on the "original Fourth Amendment." Convincing myself that their writings could be made to fit together, I resolved the matter by choosing the works of both commentators. One important consideration was my belief that each had something important to say about the search and seizure exclusionary rule, a controversy that, despite eighty years of intense debate, shows no signs of letting up. |
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ISSN: | 0026-2234 1939-8557 |
DOI: | 10.2307/1556077 |