Legal Opinion · Concurring in the judgment

Illinois v. Gates

Supreme Court of the United States

Decided June 8, 1983No. 81-430Published

1Concurring in the judgmentJustice White

In my view, the question regarding modification of the exclusionary rule framed in our order of November 29, 1982, 459 U. S. 1028 (1982), is properly before us and should be addressed. I continue to believe that the exclusionary rule is an inappropriate remedy where law enforcement officials act in the reasonable belief that a search and seizure was consistent with the Fourth Amendment — a position I set forth in Stone v. Powell, 428 U. S. 465, 537-539 (1976). In this case, it was fully reasonable for the Bloomingdale, Ill., police to believe that their search of respondents’ house and…

2Cases cited82 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  3. Wong Sun v. United StatesSupreme Court of the United States · 1963
  4. Mapp v. OhioSupreme Court of the United States · 1961
  5. Franks v. DelawareSupreme Court of the United States · 1978

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