Jeffrey Allen Ware v. Julie L. Jones, Secretary, Florida Department of Corrections, et al.
FourthAmendment CriminalProcedure
Is the exclusionary rule properly limited solely to the purpose of deterring police misconduct or can/should it be used to enforce a clear constitutional violation (4th Amendment) irregardless of past police misconduct?
QUESTION(S) PRESENTED Petitioner's cellphone was searched without a warrant upon his arrest and then a year later with a warrant. The illegality of a warrantless search of a cellphone not clearly defined until the pendancy of Petitioner's direct appeal: Q: Is the exclusionary rule properly limited solely to the purpose of : deterring police misconduct or can/should it be used to enforce a clear constitutional violation (4 Amendment) irregardless of past police misconduct? .