Illinois v. Gates Et Ux.

Background

The State of Illinois sought review of a decision involving a search warrant and evidence seized from Lance Gates. The Illinois Supreme Court held that the Fourth Amendment forbids a magistrate from issuing a warrant based on the kind of affidavit used by the police officer here. Earlier, Illinois asked this Court for permission to add a new question about whether evidence should be admitted when police reasonably believed the warrant was valid; the Court denied that request, and the parties then argued the case without raising that new question.

Reasoning

The central question the Court now asks the parties to address is whether the exclusionary rule—the rule that can bar evidence obtained in violation of the Fourth Amendment (Mapp and Weeks)—should be changed so that evidence gathered when officers reasonably believed their search complied with the Constitution would not automatically be excluded. The Court did not decide that question on the merits; instead, it restored the case for reargument and asked the parties to argue the point. As of this order, no final change to the rule has been made.

Real world impact

If the Justices later narrow the exclusionary rule, more evidence might be admitted in criminal trials when police acted in good faith. Right now, the order only creates a possibility of change; the final outcome will depend on the reargument and a future ruling, so current trial practice remains uncertain until the Court decides.

Dissents or concurrances

Justice Stevens, joined by Justices Brennan and Marshall, dissented from ordering reargument, criticizing the Court for reversing its earlier denial, creating unfair surprise, and inviting review of an issue that was not raised or developed in the state courts.