Applying the Good Faith Exception to the Particularity and Execution of Search Warrants : Maryland v. Garrison

Abstract

Few social problems in the last decade have raised the public's conscience like illegal drug use and abuse. Television documentaries, advertising campaigns, and drug literature denouncing drug abuse have become commonplace in today's society. Government officials and scholars constantly stress the connection between illegal drugs and violent crime. In response to these concerns, President Reagan declared a war on drugs. The early results of this war are notable. For instance, the number of convictions for violation of the Drug Abuse Prevention and Control Act between 1980 and 1985 almost doubled. The public became aware of the problem and embraced the President's war on drugs. Unfortunately, the success of the administration's war on drugs has often come at the expense of individual constitutional liberties and freedoms. One area heavily attacked since Reagan's declared war is fourth amendment protections. The courts repeatedly have been asked to resolve a conflict between an individual's fourth amendment rights and law enforcement officers' duty to search for and seize contraband.