Fifty years ago, on June 19, 1961, the U.S. Supreme Court held the exclusionary rule binding on the states.1 Over the last few years, some have believed that the Court is heading toward the abandonment of the rule, as evidenced by language in Herring v. United States2 and Hudson v. Michigan.3 Others believed, however, that these decisions only established a foundation for the Court to chip away at the rule over an extended period of time. Three weeks ago, the Court revisited the rule and heard argument in two cases: One possibly set the stage for a further assault upon the exclusionary rule, while the other, unexpectedly, met an early demise.
In Tolentino v. State of New York,4 New York City police officers stopped Jose Tolentino as he was driving his car on Broadway and West 181st Street in Manhattan. After obtaining the defendant’s name from identifying information, the police learned through a computer search of the Department of Motor Vehicles (DMV) database that the defendant’s license had been suspended at least 10 times on at least 10 different dates for failure to answer summonses. The defendant was then arrested.
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