Search and Seizure at the Federal Circuit Level

Abstract

In this paper, we analyze the application of the exclusionary rule to Fourth Amendment search and seizure cases in the Federal Circuit Courts during the period 1968-1985. To conduct our analysis, we read and coded data from each of the 535 such cases decided in that period. Briefly, our findings are that the exclusionary rule has always been applied in a small minority of cases, and that the proportion of cases in which evidence has been excluded has declined over time. In addition, in most cases the court decisions have been based upon a routine evaluation of the facts of individual cases, and decisions are largely lacking in sophisticated discussion of constitutional principles. Moreover, Burger court decisions over the last fifteen years have had a limiting effect upon the circumstances under which the exclusionary rule can be applied.