State v. Gums

The “exclusionary rule” is that, where constitutional guaranties have been invaded, derivative evidence cannot be introduced against an accused at trial.1 The rule has its critics.2 It is a sanc*516tion to deter future unlawful police conduct.3 Its purpose is to prevent, not to repair.4 However, the rule does not mean that whenever the constable errs the criminal goes free. The law does not require that policemen in the performance of their official duties make no errors whatsoever.5 Such an expectation would be unrealistic.6 The *517deterrent purpose of the exclusionary rule necessarily assumes that…