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Roger Roots, J.D., Ph.D. Assistant Professor, NYIT |
EARLY DOCUMENTS SUPPORTING (WHAT BECAME) THE FOURTH AMENDMENT EXCLUSIONARY RULE |
Scholars disagree. |
For generations, legal scholars have claimed that the Fourth Amendment Exclusionary Rule is not found in U.S. Founding-era cases or documents. However, there are a number of Founding-Era sources that advocated or stated that evidentiary exclusion was an appropriate remedy for search-and seizure violations. |
You Can Help With this Research. |
There are more than 100 rare book libraries in the United States that hold original copies of the books described below. I am hoping to enlist scholars in an effort to review each copy for evidence of its prior ownership. (See below.) |
Events |
"Revisiting the Origins of the Fourth Amendment Exclusionary Rule" November 7, 2009, Philadelphia, PA Roger Roots summarized some of his recent research on the origins of the Fourth Amendment Exclusionary Rule before the American Society of Criminology. |
Search and Seizure Rights in a Chronological Timeline Feb. 2010, San Diego, CA Roger Roots will provide a detailed timeline of search-and-seizure history at the annual meeting of the Academy of Criminal Justice Sciences. |
Eastern Sociology Association March, 2010, Boston, MA Roger Roots will present some of his search-and-seizure research before the Eastern Sociological Association. |
Over the past century, legal scholars have argued that the Fourth Amendment Exclusionary rule (the rule requiring illegally seized evidence to be excluded from evidence in subsequent criminal trials) was never intended by the Founders and Framers who drafted, debated and ratified the Constitution. I have been researching this topic for some time, and have authored an article to be published in the Gonzaga Law Review in the Spring of 2010 entitled "The Originalist Case for the Fourth Amendment Exclusionary Rule." During my research, I identified several pre-Founding books suggesting or stating that exclusion of evidence was the (or an) appropriate remedy for violations of search-and-seizure rights. These statements were found in early English lawbooks and pamphlets that made their way in unknown numbers to the American colonies before and/or during America's constitutional founding period. In the Spring of 2009, I launched a personal research project to examine the prevalence of these documents among the personal libraries of early lawyers, judges and important Framers (or Founders generally). This website is intended to provide a forum for posting, discussing and considering this research. Those with information or insights into this topic are urged to post to the discussion board below. (continued next page) |
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