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Criminal Practice – Search & Seizure – Warrantless Search – Search Incident to Arrest – Exclusionary Rule – Subsequent Guidance (access required)

State v. Brown When the arresting officer searched the vehicle in which defendant had been riding, he was following valid U.S. Supreme Court precedent. Although the Supreme Court has since changed its mind about the prerequisites for a warrantless search incident to arrest, excluding the fruits of the search in this case would not serve the purpose of the exclusionary rule: to deter future Fourth Amendment violations.

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