NACDL - Utah v. Strieff

Utah v. Strieff

Brief of the American Civil Liberties Union and the National Association of Criminal Defense Lawyers as Amici Curiae in Support of Respondent.

Brief filed: 01/29/2016

Documents

Utah v. Strieff

United States Supreme Court; Case No. 14-1373

Prior Decision

Decision below State v. Strieff, 357 P.3d 532 (Utah Jan. 16, 2015).

Argument

The evidence was correctly excluded for reasons that are distinct from, but related to, deterrence. The exclusionary rule serves purposes other than deterrence alone. Judicial integrity is an important factor in the balance of benefits and burdens. Restoration of the status quo ante is likewise an important consideration. The rule's alternative rationales help explain why suppression would deter violations like the one in this case. The social costs of suppression do not outweigh the considerations favoring it.

Author(s)

Michael B. Kimberly and Matthew A. Waring, Mayer Brown LLP, Washington, DC; Steven R. Shapiro, ACLU Foundation, New York, NY; Jeffrey T. Green, NACDL, Washington, DC.