Exclusionary Rule Update

The U.S. Supreme Court reaffirmed the "good faith" exception to the exclusionary rule in Herring v. United States. Essentially the Court found that the rule -- to suppress unlawfully seized evidence -- will only be applied where the application would have a deterrent effect on police misconduct. In dissent, Justice Ginsburg rejected the deterrence-only principle and sought to reinforce the notion that the exclusionary rule is the only real remedy to address a 4th Amendment violation. New Jersey has rejected the "good faith" exception under its own Constitution. As the N.J. Supreme Court held in State v. Novembrino, the exclusionary rule serves not just to deter police misconduct, but also as "an indispensable mechanism to vindicate the constitutional right to be free from unreasonable searches."