Supreme Court of the United States

Willie Gene Davis v. United States — Sotomayor, J., Concurring

June 16, 2011180 L. Ed. 2d 285

Summary

Justice Sotomayor concurred in the judgment, agreeing the exclusionary rule did not apply because binding appellate precedent authorized the search, negating appreciable deterrence. She emphasized this case did not resolve whether exclusion applies when governing law is unsettled. Justice Breyer, dissenting, argued the Court's good faith exception undermines the exclusionary rule and creates unfairness compared to retroactivity precedents.