The Roberts Court and Police Practices: The Impact of Chief Justice Roberts and Justice Alito in Police Practices Cases |
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Authors: | Jack E Call |
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Institution: | (1) Department of Criminal Justice, Radford University, Box 6934, Radford, VA 24142, USA |
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Abstract: | In police practices cases, the Supreme Court decides issues that determine when the law enforcement interest in solving crimes
must give way to the interest of individuals to be left alone by the government. The replacement of Chief Justice Rehnquist
with John Roberts and Justice Sandra Day O’Connor with Samuel Alito has now been in place for more than four terms. The time
is appropriate to assess the likely impact of these two new members of the Court on police practices cases. This article examines
that question by analyzing both the police practices opinions written by Roberts and Alito while they served on U.S. Courts
of Appeals and their opinions while on the Supreme Court through the 2008-09 term. The conclusion is that the previous pattern
of the police prevailing in the vast majority of these cases is unlikely to change. In addition, there is some evidence to
suggest that Chief Justice Roberts is aligning himself closely with Justice Scalia in these cases and may be setting the stage
for a significant modification or even elimination of the exclusionary rule. |
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