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Making Leon Worse, 95 Yale L.J. 1405 (1986)


In Living with Leon, Professor Donald Dripps powerfully criticizes virtually every line of the Court's opinion in United States v. Leon, and its "good faith" exception to the exclusionary rule. He persuades me that Leon is one of the weakest of the Court's criminal procedure opinions. But he also opines that Leon "poses only a minor risk of encouraging speculative search warrants" and that, properly interpreted, the "result" of Leon is not only defensible but consistent with the Fourth Amendment law that preceded it. Here we part. Professor Dripps' revision of Leon is even less defensible and more pernicious than the Court's own holding.

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