The Exclusionary Rule: Fix It, But Fix It Right - A Critique of If It's Broken, Fix It: Moving Beyond the Exclusionary Rule

Abstract

In commenting upon the Pepperdine Study, this Critique first discusses significant flaws in the authors' empirical study that undermine the validity of the study's conclusions. The Critique then examines the complexity of search and seizure law and the corresponding unrealistic demands it places upon peace officers. Next, the Critique analyzes the inherent problems and inevitable costs associated with expanded civil administrative liability. Finally, the Critique proposes the use of a balancing test as an option and presents a list of considerations to guide future empirical research on this subject.