Excluding the Exclusionary Rule: Extending the Rationale of Hudson v. Michigan to Evidence Seized During Unauthorized Nighttime Searches

I. INTRODUCTION

In 1914, the United States Supreme Court first introduced the exclusionary rule.1 Under this rule, evidence obtained pursuant to an unreasonable search and seizure under Fourth Amendment standards cannot be used in subsequent criminal trials.2 Since tiiat time, courts struggled to determine when application of the exclusionary rule was the correct remedy for a Fourth Amendment violation. One such struggle concerned the "knock-and-announce" rule, which requires law enforcement officials to announce their identity and purpose before forcibly entering a private residence to execute a warrant.3 Although the Supreme Court held that a violation of the knock-andannounce …