This week, I’ve been posting on the evolving connection between circuit precedent and “clearly established law” in both qualified–immunity and AEDPA cases. To round out the discussion, this post discusses related issues posed by a third doctrine: the good-faith exception to the exclusionary rule. Appropriately enough, the circuit courts themselves have recently had interesting things to say about circuit precedent in this area. The upshot is a remarkable convergence between qualified immunity and a rapidly growing exception to the exclusionary rule.
By way of background, the “good-faith exception” to modern exclusionary doctrine is predicated on the need to deter wrongful police conduct. If police engage in bad conduct, the argument goes, then the police should generally be punished by suppressing any discovered evidence. But sometimes the police engage in blameless conduct that nonetheless violates the Fourth Amendment. The “good-faith” exception then dictates that suppression is unwarranted.