An Essay on Ending the Exclusionary Rule

The exclusionary rule encompasses a complex system of rules and procedures that serves several constitutional functions. This Article explores these functions and reviews the major criticisms of the rule. The Article then evaluates two proposed alternatives to the rule: a good faith exception and administrative agency regulation of police conduct. The Article concludes that only administrative agency regulation could respond effectively to the criticisms of the rules and yet satisfy its many functions, but that practical difficulties make the adoption of this alternative very unlikely.