Bad Facts Make Bad Law

Litigation attorney Daniel Small authored a Massachusetts Lawyers Weekly article examining the exclusionary rule through a real Racketeer Influenced and Corrupt Organizations Act (RICO) prosecution, where a defendant's detailed confession to multiple murders was initially suppressed as a result of a technical deficiency in the arrest warrant. Mr. Small recounts how the U.S. Court of Appeals for the Fifth Circuit reversed the suppression in U.S. v. Mahoney, recognizing a good‑faith exception when officers reasonably relied on the warrant — an approach later adopted nationwide. Mr. Small says the case illustrates how courts balance deterrence of unlawful conduct against the societal costs of withholding critical evidence from juries.

READ: Bad Facts Make Bad Law