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Published on Aug 31, 2011
Fifty years ago, in Mapp v. Ohio, the Supreme Court announced that evidence obtained in violation of the Constitution, already excluded in federal criminal proceedings, was also excluded in state prosecutions. Today, lawyers and judges face increasingly complicated and constantly evolving issues relating to searches and seizures. Smart phones, global positioning devices, and a host of other means of obtaining, communicating, and storing data introduce new problems as to what evidence may constitutionally be obtained and relied on in court proceedings. This panel begins with a discussion of the Mapp decision itself by Professor Choper, who was a Supreme Court law clerk, in 1961. The panelists then discuss developments in the law of search and seizure here in the Ninth Circuit in the last halfcentury, consider the concerns today's practitioners have in litigating search and seizure issues, and examine what would happen if the law had developed differently, as it did in Canada.