Weeks v. United States - A Personal Right Of The Defendant?
rule exclusionary opinion court
The Court's opinion in this case left some points unclarified. Was the exclusionary rule required by the Constitution? Or was the rule the product of the Court's power to supervise the lower federal courts? Was it subject to negation by Congress? The Weeks opinion seemed to endorse the belief that the exclusionary rule was a personal right of the defendant. More recent decisions dealing with the exclusionary rule favored the belief that the rule was primarily a deterrent against unlawful searches, and not a personal right.
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