The Benefits Outweigh the Costs: Illinois Should Apply State Exclusionary Rule as Remedy for Article I Section 6 Violations, 50 J. Marshall L. Rev. 397 (2017)

Authors

Nicholas J. Kamide

Abstract

This comment will argue that Illinois courts (1) are not restricted by their own judicially imposed lockstep doctrine from applying the exclusionary rule based on Article I Section 6 ("state exclusionary rule" herein); and (2) should specifically apply the state exclusionary rule as the remedy for Fourth Amendment violations (and Article I section 6 violations) instead of the exclusionary rule based on the language of the Fourth Amendment ("federal exclusionary rule" herein), which currently offers Illinois residents, and specifically criminal defendants, less constitutional protection.

Recommended Citation

Nicholas Kamide, The Benefits Outweigh the Costs: Illinois Should Apply State Exclusionary Rule as Remedy for Article I Section 6 Violations, 50 J. Marshall L. Rev. 397 (2017)