The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Oral Argument: Tuesday, January 17, 1984
Decision: Thursday, July 5, 1984
Issues: Criminal Procedure, Search and Seizure
Categories: criminal, fourth amendment, searches and seizures

Advocates

Roger L. Cossack (Argued the cause for the respondents Stewart et al)
Rex E. Lee (Argued the cause for the United States)
Barry Tarlow (Argued the cause for the respondent Leon)

Facts of the Case

The exclusionary rule requires that evidence illegally seized must be excluded from criminal trials. Leon was the target of police surveillance based on an anonymous informant's tip. The police applied to a judge for a search warrant of Leon's home based on the evidence from their surveillance. A judge issued the warrant and the police recovered large quantities of illegal drugs. Leon was indicted for violating federal drug laws. A judge concluded that the affadavit for the search warrant was insufficient; it did not establish the probable cause necessary to issue the warrant. Thus, the evidence obtained under the warrant could not be introduced at Leon's trial.

Question

Is there a "good faith" exception to the exclusionary rule?

Conclusion

Yes, there is such an exception. The justices held that evidence seized on the basis of a mistakenly issued search warrant could be introduced at trial. The exclusionary rule, argued the majority, is not a right but a remedy justified by its ability to deter illegal police conduct. In Leon, the costs of the exclusionary rule outweighed the benefits. The exclusionary rule is costly to society: Guilty defendants go unpunished and people lose respect for the law. The benefits of the exclusionary rule are uncertain: The rule cannot deter police in a case like Leon, where they act in good faith on a warrant issued by a judge.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Full Opinion: Criminal Procedure, Search and Seizure: 6 - 3
Voted with the majority, joined White's opinion
Burger
Voted with the minority, authored a dissent
Brennan
Voted with the majority, authored an opinion
White
Voted with the minority, joined Brennan's dissent
Marshall
Voted with the majority, authored a concurrence
Blackmun
Voted with the majority, joined White's opinion
Powell
Voted with the majority, joined White's opinion
Rehnquist
Voted with the minority, authored a dissent
Stevens
Voted with the majority, joined White's opinion
O'Connor

Cite this page

The Oyez Project, United States v. Leon, 468 U.S. 897 (1984),
available at: <http://www.oyez.org/cases/1980-1989/1983/1983_82_1771/>
(last visited ).