Does the exclusionary rule apply in the context of a violation of the Fourth Amendment?
MultiRegion, United States of America
The following excerpt is from U.S. v. Rosa, 626 F.3d 56 (2nd Cir. 2011):
A violation of the Fourth Amendment does not necessarily result in the application of the exclusionary rule, however. "Indeed, exclusion has always been our last resort, not our first impulse." Herring v. United States, 555 U.S. 135, 129 S.Ct. 695, 700, 172 L.Ed.2d 496 (2009) (internal quotation marks omitted).
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