What is the effect of exclusionary rule in the context of search and seizure?

California, United States of America


The following excerpt is from Lockridge v. Superior Court, 3 Cal.3d 166, 474 P.2d 683, 89 Cal.Rptr. 731 (Cal. 1970):

Once we restore Any profit to the unlawful search or seizure, as the majority do today, we furnish an incentive for law enforcement officials to engage in unconstitutional methods of law enforcement, and the danger of the use of such methods extends to the citizenry generally, including the innocent. In order for the exclusionary rule to be effective in deterring unconstitutional searches and seizures, it is not enough to remove Some of the profit of such searches and seizures; All of the profit must be removed, for law enforcement officials, faced with a situation which permits any gain from the unlawful conduct, however remote, are furnished an incentive to violate the constitutional guarantees. It is for these reasons that we must exclude not only the evidence unlawfully seized but also the 'fruits' of such evidence. (Wong Sun v. United States, Supra, 371 U.S. 471, 484--487, 83 S.Ct. 709.)

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