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Politics : View from the Center and Left

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To: TimF who wrote (21288)6/16/2006 10:26:34 PM
From: Ilaine  Read Replies (1) of 541746
 
I wasn't saying the exclusionary rule was common law. I was saying that the knock and wait law is common law.

I haven't looked it up to confirm but if Scalia says it's a legal historical fact and four justices concur, I find that persuasive.

Let the grubby necked law review students dig in the archives of legal history, if they say no, it's not common law, how would it change the ruling? It is what it is.

They didn't overrule the knock and wait law, they said that the remedy for violation is civil suits against the cops.
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