Abstract

Since its inception the Exclusionary Rule has been controversial. Originally founded on judicial integrity, it is now almost exclusively viewed as having validity only if it is a deterrent. Neither rationale has been satisfactorily established through empirical research. Based on recent precedents, it is extrapolated that the recently established "good faith" exception to the Exclusionary Rule will grow. Three possible versions of the Exclusionary Rule for the year 2000 are presented: (1) "good faith" will apply to all police conduct; (2) only intentional conduct or deliberate indifference will result in suppression; (3) or due process will re-emerge as the constitutional basis for suppression.

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