In addition to preventing police and prosecutors from
using blatantly illegal tactics to gather evidence and statements, the Exclusionary Rule
forces them to follow the letter of the law regarding the limits of police power, and
the legality of investigative techniques.
For example, a
search warrant is a very specific document, with a date, time range, address and item
list for the search. It may say the "living areas" of the home only, which means the
garage would be excluded, and the outbuildings too. The Exclusionary Rule forces the
police to follow the judges order to the letter, because if they do not, then the
evidence won't be used anyway. It is a very effective means of controlling the actions
of the police in the field (and one of the few effective
techniques).
While I am sure it is frustrating for police,
who have a tough job already, it does protect us from expanded or abused police power,
and society has decided early on that using the Exclusionary Rule, and allowing some
criminals to go free on occasion is acceptable if it is needed to protect the legal and
privacy rights of all citizens from abuse of power by the
government.
Below are links to two articles debating this
issue.
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