ABSTRACT

America is ready to confront frankly and to examine realistically both the achievements and social costs of the policies which have been so hopefully enacted. That reappraisal has made the most headlines in regard to economic and fiscal matters, it is imperative that this honest reappraisal include the huge social costs which American society—alone in the civilized world—pays as a result of our unique exclusionary rule of evidence in criminal cases. The impact of the exclusionary rule may not be immediately apparent from the simple phrase of the Wolf decision that it bars "the use of evidence seized through an illegal search and seizure." The Supreme Court reversed, holding that probable cause existed for the search, the evidence was legally obtained, and it could be offered in evidence. The burden would be on the injured party to prove, by preponderance of the evidence, that the officer violated his Fourth Amendment rights.