The exclusionary rule only restores the position the government would occupy without the illegality
Evidence
Yet the exclusionary rule does not immunize lawbreakers from prosecution. Prosecutors can still pursue convictions with any evidence that the police have obtained legally. Put differently, the exclusionary rule merely places the government in the same position it would have been in had the illegal search or interrogation not taken place. — G. Alan Tarr, Judicial Process and Judicial…, 1832
Categorization
- DEFINE: Captures the standard limiting justification for the rule against the caricature that it frees guilty criminals.