Professor Timothy O’Neill Says SCOTUS Takes on Fourth Amendment Exclusionary Rule

Sept. 9 – Chicago Daily Law Bulletin

Professor Timothy O’Neill authored monthly column:

Let’s talk about “The Biggest Loser.”

No, not the TV show. I want to talk about what Linda Greenhouse referred to as “The Biggest Loser” of the 2010 term of the U.S. Supreme Court: the Fourth Amendment.

From a defense perspective, the result was scorched earth. For openers, the gov­ernment won all three Fourth Amendment cases. Justice Samuel Alito wrote two of the majority opinions and Justice Antonin Scalia wrote the third. And the votes? Try 8­0, 8­1 and 7­2. If you add them up, the total was 23­3. In other words, in the three cases combined the defense only managed a field goal.

PDF: Court Takes on Fourth Amendment Exclusionary Rule

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