The following excerpt is from Tirado v. C.I.R., 689 F.2d 307 (2nd Cir. 1982):
2 We see no jurisprudential consideration that would require us first to consider whether the facts of the various seizures violate the Fourth Amendment and then, only upon a finding of a constitutional violation, proceed to consider whether the facts present a circumstance warranting application of the exclusionary rule. Each issue is of constitutional dimension, and each turns on the precise facts of the case. Focusing first on the exclusionary rule has the virtue of permitting disposition by a single ruling instead of the several rulings that would be required if each seizure were adjudicated. In electing to consider the applicability of the exclusionary rule without pausing to review the correctness of the trial court's rulings on the lawfulness of the seizures, we follow a traditional approach. See United States v. Ajlouny, 629 F.2d 830 (2d Cir. 1980) (exclusionary rule inapplicable in light of recently enacted statute; constitutionality of foreign intelligence surveillance left undecided), cert. denied, 449 U.S. 1111, 101 S.Ct. 920, 66 L.Ed.2d 840 (1981); United States v. Caron, 474 F.2d 506 (5th Cir. 1973) (exclusionary rule inapplicable to wiretap evidence offered for impeachment; validity of wiretap left undecided).
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