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Resisting the Good-Faith Exception in Cases Involving Novel Types of Surveillance

Police officers increasingly are deploying novel surveillance tools, such as cell-cite simulators, to gather evidence. Even when courts acknowledge that the surveillance was unconstitutional, often they decline to suppress the evidence based on the good-faith exception to the exclusionary rule. Laura Moraff offers three arguments defense attorneys can make when challenging the application of the good-faith exception in cases involving novel search technologies.