What is the effect of the exclusionary rule on a police officer?

California, United States of America


The following excerpt is from Reginald C., In re, 171 Cal.App.3d 1072, 217 Cal.Rptr. 768 (Cal. App. 1985):

An adversary system, despite its acknowledged shortcomings as a method for ascertaining the truth, has much to commend it whenever there are sincerely disputed questions of guilt or innocence to be resolved. 3 Where, [171 Cal.App.3d 1078] however, the only issue before a court is whether or not it should subject society to the self-immolation of the exclusionary rule in order to penalize, and thereby hopefully to educate, an offending officer and inspire him to improve (People v. Lara (1980) 108 Cal.App.3d 237, 241, 166 Cal.Rptr. 475), it behooves every trial judge to do his utmost to determine exactly what it was the officer did.

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