This article argues that a criminal in a search and seizure case can expect disparate results in different state trial courts although identical factual situations exist. The good faith exception to the exclusionary rule adopted by the United States Supreme Court in United States v. Leon has not been applied with uniformity in state courts. Furthermore, this article finds that some state courts, relying on "adequate and independent" state grounds, have afforded criminal defendants greater protection under state constitutions and statutes than they would receive in other state courts or federal district courts. Finally, this article argues that state appellate courts must write their opinions with clarity.
The Honorable Robert H. Hobgood, I-95 A/K/A the Drug Trafficker's Freeway and Its Impact on State Constitutional Law, 21 Campbell L. Rev. 237 (1999).