Document Type

Article

Publication Date

2025

Abstract

This Article has reexamined the law and theory of the good faith exception. It fnds that the exception, originally confned to narrow circumstances, is turning into a protection for nearly any investigatory activity with an arguable connection to an existing precedent or statute. Our study is the frst to empirically demonstrate the exception’s substantial infuence on modern Fourth Amendment law. Courts rely on the exception with remarkable frequency, and a large proportion of courts invoking the exception avoid any substantive constitutional ruling, stunting the development of Fourth Amendment doctrine. Further, our close theoretical examination of the good faith exception reveals that it incentivizes police and prosecutors to push the boundaries of constitutionality by aggressively employing invasive tactics with fimsy legal support. In addition, the exception denies a real remedy for core Fourth Amendment violations: when government agents rely on overbroad statutes or executive writs that authorize unreasonable searches. In its current form, the exception violates the constitutional rights of those most in need of Fourth Amendment protection, while undermining the structural role of the judiciary as a check on executive overreach. The Supreme Court should transform its good faith exception jurisprudence and address the exception’s detrimental impacts on policing, privacy, and Fourth Amendment rights.

Publication Title

THE GEORGETOWN LAW JOURNAL

Volume

113

Issue

3

First Page

552

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