Bradley discusses the Hudson and Herring decisions, the practices of other countries, and various previous suggestions for exclusionary-rule reform. Then, he sets forth a reconception of the exclusionary rule, as well as the constitutional principles that gave rise to it. These reconceptions suggest a roadmap to exclusionary reform that might reconcile the factions on the Court who strongly support and strongly oppose the current mandatory rule.
Craig M. Bradley,
Reconceiving the Fourth Amendment and the Exclusionary Rule,
73 Law and Contemporary Problems
Available at: http://scholarship.law.duke.edu/lcp/vol73/iss3/6