State of Tennessee v. Christopher Wilson - Concurring

I concur in the majority opinion. Since the State requested that this court defer its ruling until our state supreme court issues a ruling in a separate case where the State has urged adoption of a “good faith exception” to Art. I, section 7 of the Constitution of Tennessee, I feel compelled to respectfully express my opinion on this issue. I respectfully believe that the United States Supreme Court participated in a most egregious example of judicial activism when it filed its opinion in United States v. Leon, 468 U.S. 897, 82 L.Ed.2d 677 (1984). I agree that it is well settled that the exclusionary rule as it applies to the Fourth Amendment of the United States Constitution is not a personal constitutional right to the man or woman whose Fourth Amendment rights are violated by the government. Leon, 468 U.S. at 906. It is, instead, a judicially created remedy to protect the Fourth Amendment rights of individuals. Id. However, it is obvious that a constitutional right without an effective remedy for violation of that right is nothing more than an unenforceable objective on a piece of paper.