HERRING v. UNITED STATESCERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
No. 07–513. Argued October 7, 2008—Decided January 14, 2009
ROBERTS, C. J., delivered the opinion of the Court, in which SCALIA, KENNEDY, THOMAS, and ALITO, JJ., joined. GINSBURG, J., filed a dissenting opinion, in which STEVENS, SOUTER, and BREYER, JJ., joined. BREYER, J., filed a dissenting opinion, in which SOUTER, J., joined.
Without arguing the merits of this typical 5-4 decision (I mean, look at the line-up!), here's an excerpt I liked:
"The Fourth Amendment protects “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” but “contains no provision expressly precluding the use of evidence obtained in violation of its commands,”
Arizona v. Evans, 514 U. S. 1, 10 (1995).
Nonetheless, our decisions establish an exclusionary rule that, when applicable, forbids the use of improperly obtained evidence at trial. See, e.g.,
Weeks v. United States, 232 U. S. 383, 398 (1914). We have stated that this
judicially created rule is “designed to safeguard Fourth Amendment rights generally through its deterrent effect.”
United States v. Calandra, 414 U. S. 338, 348 (1974)."
It's exactly parallel to the Sanhedrin establishing a g'zeira,
e.g., adding poultry to the meat/milk prohibition.