Raymond J. Donovan, Secretary of Labor v. Federal Clearing Die Casting Company and Occupational Safety and Health Review Commission

The majority opinion holds that a good faith, reasonable belief exception to the exclusionary rule is appropriate in the circumstances of this case. As I view those circumstances, the exclusionary rule should have been applied and I therefore respectfully dissent.

While the primary focus of this dissent is upon this important issue, I initially comment briefly on the majority’s disposition of the other claimed issues by Federal, neither of which justify the summary disposition accorded them by the majority. The claim of Federal that the Secretary cannot relitigate an issue it already has…