The NIJ Study does not indicate any sensitivity to such factors. Various other “costs” of the rule have also been alleged, e.g., Steven Schlesinger, Criminal Procedure in the Courtroom.

E.g., Fyfe, James J., Enforcement Workshop: The NIJ Study of the Exclusionary Rule, 19 Akin to Article III justiciability principles, which emphasize that one may ordinarily contest only those government actions that harm him, the standing principle in Fourth Amendment cases “require[d] of one who seeks to challenge the legality of a search as the basis for suppressing relevant evidence that he allege, and if the allegation be disputed that he establish, that he himself was the victim of an invasion of privacy.”519 Subsequently, the Court departed from the concept of standing to telescope the inquiry into one inquiry rather than two.

427 36

The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution.

Oaks, supra note 5; James E. Spiotto, Search and Seizure: An Empirical Study of the Exclusionary Rule and Its Alternatives, 2 J. 465, and United States v. Janis, 428 U.S. 433, discussed infra in text accompanying notes 102–7, critics called for the abolition of the rule. Although the NIJ Study does not discuss it, the OBTS data do contain codes to report dismissals in the preliminary hearing lower courts and in the superior courts. E.g., Canon, supra note 19, at 560–72; Horowitz, supra note 97, at 220–54; Sunderland, Lane V., Liberals, Conservatives, and the Exclusionary Rule, 71 The Exclusionary Rule has been justified in part on the ground that it is essential to prevent the fourth amendment from becoming "a form of words, valueless and ndeserving of mention in a perpetual charter of inestimable human liberties" (Ronald 604).

0000018252 00000 n See also Critique, supra note 51, at 777 n.145. Since these arrests are not submitted to prosecutors for complaints, it might be argued that a more ac curate calculation of the effects of illegal searches on prosecutorial screening would be to use as the de nominator OBTS data for the number of arrests in which the prosecutor is actually requested to issue a complaint. See infra text accompanying notes 254-62. The small sample size makes the percentage estimates unstable and especially susceptible to a variety of confounding factors.

at 18. 07–751, slip op.

Cal. I. Rep. (BNA) 2411-12 (Aug. 17, 1983) [hereinafter cited as ABA panel]. Ten years ago I summarized what those studies showed about the effect of the rule as follows: Spiotto does tell us something about the “countless guilty criminals” that escape through the exclusionary rule. The effect of the rule is concentrated in drug cases in which the rejection rate by prosecutors is 2.4% (not 30%, as suggested by the NIJ study), but the rejection rate for non-drug arrests is less than 0.3%, and the rate is even lower for violent crimes.

Justice Jackson’s plurality opinion asserted that Rochin had been occasioned by the element of brutality, and that while the police conduct in Irvine was blatantly illegal the admissibility of the evidence was governed by Wolf, which should be consistently applied for purposes of guidance to state courts. Canon, supra note 50.

Unfortunately, many critics of the rule simply ignore the consistent empirical finding that the rule has a negligible effect in dispositions of violent crime arrests. A Court Perspective of Police Operations In the District of Columbia, PROMIS Research Project Publication 4, at 67-68 Exhibit 5.1 (Washington, D.C.: Institute for Law and Social Research, 1977); Kathleen B. Brosi, A Cross City Comparison of Felony Case Processing 16 table 2, 18-19 (Washington, D.C.: Institute for Law and Social Research, 1979); Brian Forst et al., Arrest Convictability as a Measure of Police Performance (Washington, D.C.: National Institute of Justice, 1982). 187 Due to this, Leon's It is no doubt that over the past few decades more and more justice agencies have become dependent upon computer technology for record management and other purposes (Schmalleger 282). 170

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