Amicus Brief of Fourth Amendment Scholars Arguing for Narrower Application of the Good Faith Exception to the Exclusionary Rule

In this amicus brief, Fourth Amendment scholars draw on empirical research about the application of the good faith exception to the exclusionary rule to explain how overreliance on it has created perverse incentives for law enforcement and stunted the development of Fourth Amendment law – particularly in the context of digital data searches. Pages 4-5 explain the empirical study and its results.  Relying on this data, the brief argues for narrower interpretations of the scope of the good faith exception going forward.