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Hudson v. Michigan

Docket No.: 04-1360
Certiorari Granted: Jun 27 2005
Argued: January 9, 2006
Decided: June 15, 2006

Topics:

Criminal Procedure, Search and Seizure

PartyNames: Booker T. Hudson, Jr. v. Michigan
Petitioner: Booker T. Hudson, Jr.
Respondent: Michigan

Court Below: Court of Appeals of Michigan

Booker T. Hudson, Jr.
v.
Michigan
547 U.S. 586 (2006)
Question Presented:

Does the inevitable discovery doctrine create a per se exception to the exclusionary rule for evidence seized after a Fourth Amendment "knock and announce" violation, as the Seventh Circuit and the Michigan Supreme Court have held, or is evidence subject to suppression after such violations, as the Sixth and Eighth Circuits, the Arkansas Supreme Court, and the Maryland Court of Appeals have held?

Question:

Does the general rule excluding evidence obtained in violation of the Fourth Amendment apply to the "knock-and-announce" rule?

Note:

CALENDAR FOR REARGUMENT.

Holding: affirmed
Vote: 5-4
Read HUDSON V. MICHIGAN opinion (PDF)
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