Tim O'Toole Quoted in National Law Journal Regarding Sotomayor Ruling

"Sotomayor's Balancing Act"
National Law Journal
06.08.09Tim O’Toole comments on Supreme Court nominee Sonia Sotomayor’s decision in a Fourth Amendment search and seizure case, in which she invoked the "good-faith exception" rule of U.S. v. Leon, a 1984 Supreme Court precedent that allows otherwise tainted evidence to be admitted.  According to O'Toole, "[the decision] looks pretty mainstream." He says that for Sotomayor to bow to the Leon good-faith exception is "what you would expect from a former prosecutor and a law-and-order judge, but really any judge would do that. She had to follow Leon." Once on the Supreme Court, Sotomayor might feel less bound to precedent, but it's hard to predict which way she would turn. "Opinions like this show you why the Supreme Court is so important," O'Toole adds
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