The following excerpt is from U.S. v. Allard, 600 F.2d 1301 (9th Cir. 1979):
In evaluating the facts of this case, and in drawing the necessary distinctions, the trial court must be guided by the underlying deterrent function of the exclusionary rule. As this court recently has observed, "(e) xploitation of illegalities is the focus of the fruits doctrine for the reason that the exclusionary rule is aimed at deterring police conduct in violation of the fourth amendment 'in the only effectively available way by removing the incentive to disregard it'." United States v. Humphries, 600 F.2d 1238, (9th Cir. 1979). Evidence which is discovered during "merely intensified" investigations is deemed admissible because the possible deterrent value of the exclusionary rule in such cases is outweighed by the costs to society and to the truth-finding process. Cf. Stone v. Powell, 428 U.S. 465, 489-91, 96 S.Ct. 3037, 49 L.Ed.2d 1067 (1976) (discussing the purpose of the exclusionary rule and its costs). Evidence which is more directly the product of illegal government activity is evidence the
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