Competing Exclusionary Rules in Multistate Investigations: Resolving Conflicts of State Search-and-Seizure Law

The existing approaches to conflicts of state search-and-seizure laws are either theoretically or practically flawed. When a search implicates multiple states’ laws, courts should undertake a two-step analysis. First, they should determine whether a conflict exists; and second, they should apply the law of the officer who performed the search.

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By The Herman Law Firm

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