purposes of the exclusionary rule (Maryland) · Go Syfert
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purposes of the exclusionary rule in Maryland

17 Maryland opinions name it 2 courts 1991–2024 4 in the last five years

The cases below were cited by Maryland courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
United States v. Leongreen
scotus · 1984 · cited in 14 Maryland opinions naming this issue, 1991–2024
2 sentences

2024“Consequently, when police officers have acted in good faith pursuant to a search warrant that is later invalidated, excluding evidence would ‘only rarely’ serve the purposes of the exclusionary rule.” Id. (quoting Leon, 468 U.S. at 926 ). 33 While the Supreme Court has regularly discussed and considered the Leon exceptions in the context of criminal suppression hearings, it has also applied them in other contexts, including whether a police officer is able to rely upon the probable cause determination that attached to a warrant under 42 U.S.C. § 1983 claims in which the supporting affidavit f

2024“Consequently, when police officers have acted in good faith pursuant to a search warrant that is later invalidated, excluding evidence would ‘only rarely’ serve the purposes of the exclusionary rule.” Id. (quoting Leon, 468 U.S. at 926 ). 33 While the Supreme Court has regularly discussed and considered the Leon exceptions in the context of criminal suppression hearings, it has also applied them in other contexts, including whether a police officer is able to rely upon the probable cause determination that attached to a warrant under 42 U.S.C. § 1983 claims in which the supporting affidavit f

314
Messerschmidt v. Millendergreen
scotus · 2012 · cited in 2 Maryland opinions naming this issue, 2024–2024
2 sentences

2024See Messerschmidt v. Millender, 565 U.S. 535 (2012); Malley v. Briggs, 475 U.S. 335 (1986).

2024See Messerschmidt v. Millender, 565 U.S. 535 (2012); Malley v. Briggs, 475 U.S. 335 (1986).

22
State v. Greenstreetgreen
mdctspecapp · 2005 · cited in 1 Maryland opinions naming this issue, 2006–2006
2 sentences

2006The Court of Special Appeals determined that Rule 8-131(a) vests discretion in an appellate court to consider a new issue, which discretion it chose to exercise here because "neither party, at either level of court, has presented any authority directly bearing on the issue on which the circuit court urged counsel to inform it” and "the 'issue' is one that should be resolved.” State v. Greenstreet, 162 Md.App. 418, 427 , 875 A.2d 177, 182 (2005). 2 .

2006The Court of Special Appeals determined that Rule 8-131(a) vests discretion in an appellate court to consider a new issue, which discretion it chose to exercise here because "neither party, at either level of court, has presented any authority directly bearing on the issue on which the circuit court urged counsel to inform it” and "the 'issue' is one that should be resolved.” State v. Greenstreet, 162 Md.App. 418, 427 , 875 A.2d 177, 182 (2005). 2 .

11
State v. Rileygreen
mdctspecapp · 2002 · cited in 1 Maryland opinions naming this issue, 2003–2003
2 sentences

2003Notwithstanding the importance of the exclusionary rule to Fourth Amendment jurisprudence, the Supreme Court determined in Leon, 468 U.S. at 918 , 104 S.Ct. 3405 , that “suppression of evidence obtained pursuant to a warrant should be ordered only on a case-by-case basis and only in those unusual cases in which exclusion will further the purposes of the exclusionary rule.” Moreover, in Sheppard, 468 U.S. at 989-90 , 104 S.Ct. 3424 , the Supreme Court “refuse[d] to rule that *100 an officer is required to disbelieve a judge who has just advised him ... that the warrant he possesses authorizes h

2003Notwithstanding the importance of the exclusionary rule to Fourth Amendment jurisprudence, the Supreme Court determined in Leon, 468 U.S. at 918 , 104 S.Ct. 3405 , that “suppression of evidence obtained pursuant to a warrant should be ordered only on a case-by-case basis and only in those unusual cases in which exclusion will further the purposes of the exclusionary rule.” Moreover, in Sheppard, 468 U.S. at 989-90 , 104 S.Ct. 3424 , the Supreme Court “refuse[d] to rule that *100 an officer is required to disbelieve a judge who has just advised him ... that the warrant he possesses authorizes h

11
Nero v. Stategreen
mdctspecapp · 2002 · cited in 1 Maryland opinions naming this issue, 2003–2003
2 sentences

2003Notwithstanding the importance of the exclusionary rule to Fourth Amendment jurisprudence, the Supreme Court determined in Leon, 468 U.S. at 918 , 104 S.Ct. 3405 , that “suppression of evidence obtained pursuant to a warrant should be ordered only on a case-by-case basis and only in those unusual cases in which exclusion will further the purposes of the exclusionary rule.” Moreover, in Sheppard, 468 U.S. at 989-90 , 104 S.Ct. 3424 , the Supreme Court “refuse[d] to rule that *100 an officer is required to disbelieve a judge who has just advised him ... that the warrant he possesses authorizes h

2003Notwithstanding the importance of the exclusionary rule to Fourth Amendment jurisprudence, the Supreme Court determined in Leon, 468 U.S. at 918 , 104 S.Ct. 3405 , that “suppression of evidence obtained pursuant to a warrant should be ordered only on a case-by-case basis and only in those unusual cases in which exclusion will further the purposes of the exclusionary rule.” Moreover, in Sheppard, 468 U.S. at 989-90 , 104 S.Ct. 3424 , the Supreme Court “refuse[d] to rule that *100 an officer is required to disbelieve a judge who has just advised him ... that the warrant he possesses authorizes h

11
Ashford v. Stategreen
mdctspecapp · 2002 · cited in 1 Maryland opinions naming this issue, 2003–2003
2 sentences

2003See Ashford v. State, 147 Md.App. 1, 23 , 807 A.2d 732 , cert. denied, 372 Md. 430 , 813 A.2d 257 (2002).

2003See Ashford v. State, 147 Md.App. 1, 23 , 807 A.2d 732 , cert. denied, 372 Md. 430 , 813 A.2d 257 (2002).

11
State v. Garciagreen
fla · 1989 · cited in 1 Maryland opinions naming this issue, 1994–1994
1 sentence

1994See Gary v. State, 262 Ga. 573 , 422 S.E.2d 426, 428-29, 430 (1992); State v. Garcia, 547 So.2d 628, 629-630 (Fla. 1989); Commonwealth v. Upton, 394 Mass. 363 , 476 N.E.2d 548 , 554 n. 5 (1985); State v. Carter, 322 N.C. 709 , 370 S.E.2d 553, 559-62 (1988); Davis v. State, 831 S.W.2d 426 (Tex. Crim.

11
State v. Cartergreen
nc · 1988 · cited in 1 Maryland opinions naming this issue, 1994–1994
2 sentences

1994See Gary v. State, 262 Ga. 573 , 422 S.E.2d 426, 428-29, 430 (1992); State v. Garcia, 547 So.2d 628, 629-630 (Fla. 1989); Commonwealth v. Upton, 394 Mass. 363 , 476 N.E.2d 548 , 554 n. 5 (1985); State v. Carter, 322 N.C. 709 , 370 S.E.2d 553, 559-62 (1988); Davis v. State, 831 S.W.2d 426 (Tex. Crim.

1994See Gary v. State, 262 Ga. 573 , 422 S.E.2d 426, 428-29, 430 (1992); State v. Garcia, 547 So.2d 628, 629-630 (Fla. 1989); Commonwealth v. Upton, 394 Mass. 363 , 476 N.E.2d 548 , 554 n. 5 (1985); State v. Carter, 322 N.C. 709 , 370 S.E.2d 553, 559-62 (1988); Davis v. State, 831 S.W.2d 426 (Tex. Crim.

11
Gary v. Stategreen
ga · 1992 · cited in 1 Maryland opinions naming this issue, 1994–1994
2 sentences

1994See Gary v. State, 262 Ga. 573 , 422 S.E.2d 426, 428-29, 430 (1992); State v. Garcia, 547 So.2d 628, 629-630 (Fla. 1989); Commonwealth v. Upton, 394 Mass. 363 , 476 N.E.2d 548 , 554 n. 5 (1985); State v. Carter, 322 N.C. 709 , 370 S.E.2d 553, 559-62 (1988); Davis v. State, 831 S.W.2d 426 (Tex. Crim.

1994See Gary v. State, 262 Ga. 573 , 422 S.E.2d 426, 428-29, 430 (1992); State v. Garcia, 547 So.2d 628, 629-630 (Fla. 1989); Commonwealth v. Upton, 394 Mass. 363 , 476 N.E.2d 548 , 554 n. 5 (1985); State v. Carter, 322 N.C. 709 , 370 S.E.2d 553, 559-62 (1988); Davis v. State, 831 S.W.2d 426 (Tex. Crim.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway.

Also cited on this issue (11)

CaseCitedYears
McDonald v. State green
md · 1997
2 sentences

2003Notwithstanding the importance of the exclusionary rule to Fourth Amendment jurisprudence, the Supreme Court determined in Leon, 468 U.S. at 918 , 104 S.Ct. 3405 , that “suppression of evidence obtained pursuant to a warrant should be ordered only on a case-by-case basis and only in those unusual cases in which exclusion will further the purposes of the exclusionary rule.” Moreover, in Sheppard, 468 U.S. at 989-90 , 104 S.Ct. 3424 , the Supreme Court “refuse[d] to rule that *100 an officer is required to disbelieve a judge who has just advised him ... that the warrant he possesses authorizes h

2003Notwithstanding the importance of the exclusionary rule to Fourth Amendment jurisprudence, the Supreme Court determined in Leon, 468 U.S. at 918 , 104 S.Ct. 3405 , that “suppression of evidence obtained pursuant to a warrant should be ordered only on a case-by-case basis and only in those unusual cases in which exclusion will further the purposes of the exclusionary rule.” Moreover, in Sheppard, 468 U.S. at 989-90 , 104 S.Ct. 3424 , the Supreme Court “refuse[d] to rule that *100 an officer is required to disbelieve a judge who has just advised him ... that the warrant he possesses authorizes h

41998–2003
Massachusetts v. Sheppard green
scotus · 1984
2 sentences

2003Notwithstanding the importance of the exclusionary rule to Fourth Amendment jurisprudence, the Supreme Court determined in Leon, 468 U.S. at 918 , 104 S.Ct. 3405 , that “suppression of evidence obtained pursuant to a warrant should be ordered only on a case-by-case basis and only in those unusual cases in which exclusion will further the purposes of the exclusionary rule.” Moreover, in Sheppard, 468 U.S. at 989-90 , 104 S.Ct. 3424 , the Supreme Court “refuse[d] to rule that *100 an officer is required to disbelieve a judge who has just advised him ... that the warrant he possesses authorizes h

2003Notwithstanding the importance of the exclusionary rule to Fourth Amendment jurisprudence, the Supreme Court determined in Leon, 468 U.S. at 918 , 104 S.Ct. 3405 , that “suppression of evidence obtained pursuant to a warrant should be ordered only on a case-by-case basis and only in those unusual cases in which exclusion will further the purposes of the exclusionary rule.” Moreover, in Sheppard, 468 U.S. at 989-90 , 104 S.Ct. 3424 , the Supreme Court “refuse[d] to rule that *100 an officer is required to disbelieve a judge who has just advised him ... that the warrant he possesses authorizes h

31998–2003
Malley v. Briggs green
scotus · 1986
2 sentences

2024See Messerschmidt v. Millender, 565 U.S. 535 (2012); Malley v. Briggs, 475 U.S. 335 (1986).

2024See Messerschmidt v. Millender, 565 U.S. 535 (2012); Malley v. Briggs, 475 U.S. 335 (1986).

22024–2024
West v. State green
mdctspecapp · 2001
2 sentences

2008In West v. State, 137 Md.App. 314 , 768 A.2d 150 , cert. denied, 364 Md. 536 , 774 A.2d 409 (2001), we explained the purpose of the good faith exception as follows: The [Leon ] Court emphasized that “the exclusionary rule was designed to deter police misconduct rather than to punish the errors of judges and magistrates.” It said that “suppression of evidence obtained pursuant to a warrant should be ordered only on a case-by-case basis and only in those unusual cases in which exclusion will further the purposes of the exclusionary rule.” In this regard, the Court questioned whether the exclusio

2008In West v. State, 137 Md.App. 314 , 768 A.2d 150 , cert. denied, 364 Md. 536 , 774 A.2d 409 (2001), we explained the purpose of the good faith exception as follows: The [Leon ] Court emphasized that “the exclusionary rule was designed to deter police misconduct rather than to punish the errors of judges and magistrates.” It said that “suppression of evidence obtained pursuant to a warrant should be ordered only on a case-by-case basis and only in those unusual cases in which exclusion will further the purposes of the exclusionary rule.” In this regard, the Court questioned whether the exclusio

22004–2008
Connelly v. State green
md · 1991
2 sentences

2008In West v. State, 137 Md.App. 314 , 768 A.2d 150 , cert. denied, 364 Md. 536 , 774 A.2d 409 (2001), we explained the purpose of the good faith exception as follows: The [Leon ] Court emphasized that “the exclusionary rule was designed to deter police misconduct rather than to punish the errors of judges and magistrates.” It said that “suppression of evidence obtained pursuant to a warrant should be ordered only on a case-by-case basis and only in those unusual cases in which exclusion will further the purposes of the exclusionary rule.” In this regard, the Court questioned whether the exclusio

2008In West v. State, 137 Md.App. 314 , 768 A.2d 150 , cert. denied, 364 Md. 536 , 774 A.2d 409 (2001), we explained the purpose of the good faith exception as follows: The [Leon ] Court emphasized that “the exclusionary rule was designed to deter police misconduct rather than to punish the errors of judges and magistrates.” It said that “suppression of evidence obtained pursuant to a warrant should be ordered only on a case-by-case basis and only in those unusual cases in which exclusion will further the purposes of the exclusionary rule.” In this regard, the Court questioned whether the exclusio

12008–2008
Illinois v. Gates green
scotus · 1983
2 sentences

2004The purposes of the exclusionary rule are furthered, the Court instructed, “if it can be said that the law enforcement officer had knowledge, or may properly be charged with the knowledge, that the search was unconstitutional under the Fourth Amendment,” id. at 919 , 104 S.Ct. at 3419, 82 L.Ed.2d at 696 (citing Illinois v. Gates, 462 U.S. 213, 260-61 , 103 S.Ct. 2317, 2344 , 76 L.Ed.2d 527 (1983)), and, therefore, had no “reasonable grounds for believing that the warrant was properly issued.” Id. at 923, 104 S.Ct. at 3420, 82 L.Ed.2d at 698 .

2004The purposes of the exclusionary rule are furthered, the Court instructed, “if it can be said that the law enforcement officer had knowledge, or may properly be charged with the knowledge, that the search was unconstitutional under the Fourth Amendment,” id. at 919 , 104 S.Ct. at 3419, 82 L.Ed.2d at 696 (citing Illinois v. Gates, 462 U.S. 213, 260-61 , 103 S.Ct. 2317, 2344 , 76 L.Ed.2d 527 (1983)), and, therefore, had no “reasonable grounds for believing that the warrant was properly issued.” Id. at 923, 104 S.Ct. at 3420, 82 L.Ed.2d at 698 .

12004–2004
In re Ouimette neutral
ri · 1976
1 sentence

2002In Braxton v. State, 123 Md.App. 599 , 720 A.2d 27 (1998), Judge Hollander, writing for this Court, set forth a detailed discussion of the good faith exception stating, in part, as follows: Notwithstanding the importance of the exclusionary rule to the Fourth Amendment jurisprudence, the Supreme Court determined that ‘suppression of evidence obtained pursuant to a warrant should be ordered only on a case-by-case basis and only in those unusual cases in which exclusion will further the purposes of the exclusionary rule.’ Leon, 468 U.S. at 918 , 104 S.Ct. 3405 ; McDonald, 347 Md. at 468 , 701 *3

12002–2002
Braxton v. State green
mdctspecapp · 1998
2 sentences

2002In Braxton v. State, 123 Md.App. 599 , 720 A.2d 27 (1998), Judge Hollander, writing for this Court, set forth a detailed discussion of the good faith exception stating, in part, as follows: Notwithstanding the importance of the exclusionary rule to the Fourth Amendment jurisprudence, the Supreme Court determined that ‘suppression of evidence obtained pursuant to a warrant should be ordered only on a case-by-case basis and only in those unusual cases in which exclusion will further the purposes of the exclusionary rule.’ Leon, 468 U.S. at 918 , 104 S.Ct. 3405 ; McDonald, 347 Md. at 468 , 701 *3

2002In Braxton v. State, 123 Md.App. 599 , 720 A.2d 27 (1998), Judge Hollander, writing for this Court, set forth a detailed discussion of the good faith exception stating, in part, as follows: Notwithstanding the importance of the exclusionary rule to the Fourth Amendment jurisprudence, the Supreme Court determined that ‘suppression of evidence obtained pursuant to a warrant should be ordered only on a case-by-case basis and only in those unusual cases in which exclusion will further the purposes of the exclusionary rule.’ Leon, 468 U.S. at 918 , 104 S.Ct. 3405 ; McDonald, 347 Md. at 468 , 701 *3

12002–2002
Davis v. State green
texapp · 1992
1 sentence

1994See Gary v. State, 262 Ga. 573 , 422 S.E.2d 426, 428-29, 430 (1992); State v. Garcia, 547 So.2d 628, 629-630 (Fla. 1989); Commonwealth v. Upton, 394 Mass. 363 , 476 N.E.2d 548 , 554 n. 5 (1985); State v. Carter, 322 N.C. 709 , 370 S.E.2d 553, 559-62 (1988); Davis v. State, 831 S.W.2d 426 (Tex. Crim.

11994–1994
Commonwealth v. Upton green
mass · 1985
2 sentences

1994See Gary v. State, 262 Ga. 573 , 422 S.E.2d 426, 428-29, 430 (1992); State v. Garcia, 547 So.2d 628, 629-630 (Fla. 1989); Commonwealth v. Upton, 394 Mass. 363 , 476 N.E.2d 548 , 554 n. 5 (1985); State v. Carter, 322 N.C. 709 , 370 S.E.2d 553, 559-62 (1988); Davis v. State, 831 S.W.2d 426 (Tex. Crim.

1994See Gary v. State, 262 Ga. 573 , 422 S.E.2d 426, 428-29, 430 (1992); State v. Garcia, 547 So.2d 628, 629-630 (Fla. 1989); Commonwealth v. Upton, 394 Mass. 363 , 476 N.E.2d 548 , 554 n. 5 (1985); State v. Carter, 322 N.C. 709 , 370 S.E.2d 553, 559-62 (1988); Davis v. State, 831 S.W.2d 426 (Tex. Crim.

11994–1994
Childress v. United States green
dc · 1977
2 sentences

1992(Footnote omitted) Apparently as a matter of law, the court concluded that a four day delay, two days of which occurred on the weekend, did not amount to “police administrative negligence.” 381 A.2d at 617 -18 n. 3.

1992(Footnote omitted) Apparently as a matter of law, the court concluded that a four day delay, two days of which occurred on the weekend, did not amount to "police administrative negligence." 381 A.2d at 617 -18 n. 3.

11992–1992

Statutes the citing opinions construe

USC § 42u.s.c.1983 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

VA 32 (1993–2025) CA 19 (1967–2013) IL 18 (1980–2019) MD 17 (1991–2024) TX 17 (1979–2026) KS 11 (1990–2025) PA 9 (1964–2014) LA 9 (1974–2001) NJ 8 (1981–2021) WI 8 (1991–2024) OH 8 (1989–2013) DC 7 (1977–2022) FL 6 (1979–2014) IA 5 (1979–2019) CO 5 (1989–2008) NY 4 (1961–2026) NV 4 (2013–2014) OR 4 (1974–1999) MI 3 (1992–2021) IN 3 (2007–2015) NH 3 (2005–2025) NC 3 (1986–1993) ND 3 (1990–2023) AK 2 (1985–1995) NE 2 (1999–2000) MN 2 (2015–2025) MS 2 (2000–2003) NM 2 (1991–1998) MA 2 (1985–2019) HI 2 (1997–2013) ME 2 (2020–2021) CT 2 (2000–2007) AL 2 (2000–2012)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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