The exclusionary rule applies categorically regardless of how serious the rights violation was.

Evidence

Critics also charge that the exclusionary rule is toominflexible: In determining the admissibility of evidence, therulesdoesnot”consider \C how-seriously the defendant’s rights-were:infringed upon-in’ obtaining thatévidences¥ he same penalty of exclusion operates whether the police officer’s violation of the defendant’s rights was slight and inadvertent or blatant and intentional. — G. Alan Tarr, Judicial Process and Judicial…, 1848

Categorization

  • QUESTION: Is there any proportionality in exclusion, or does any Fourth Amendment violation trigger the same remedy?
  • XREF: connects to: Legal rights require rigid binary categories that reject graded differences — Talal Asad, Formations of the Secular:…, 755; Remedying a constitutional violation is straightforward except when the violation is structural. — G. Alan Tarr, Judicial Process and Judicial…, 3305

Broader Connections