Kerr v. Pennsylvania State Board of Dentistry

I join the majority’s holding that the exclusionary rule does not apply to a civil disciplinary proceeding of the Pennsylvania State Board of Dentistry. I write separately, however, to emphasize that this holding generally has no applicability to criminal proceedings and should not be interpreted as equating federal exclusionary rule jurisprudence with that concerning the exclusionary rule, as viewed under the Pennsylvania Constitution.

Based primarily on the United States Supreme Court decisions in Pennsylvania Board of Probation & Parole v. Scott, 524 U.S. 357, 118 S.Ct. 2014, 141 L.Ed.2d…