Quote:
Originally posted by Mmmm, Burger (C.J.)
You're forgetting what the right is, though. The right is not to avoid jail. The right is to be free of unreasonable searches and seizures.
The exclusionary rule is not a way to implement the right. Instead, it's a tool used to deter violations of the right.
|
That's why the exclusionary rule doesn;t result in the criminal going free. It results in the government being prohibited from using illegally obtained evidence.
Criminals can still be convicted without tainted evidence. It just makes the gov's job harder. By arguing that the rule automatically sets a criminal free, you are misstating the rule and the result.
