United States v. Lewis

I begin with some fundamentals. A trial is a search for truth. Application of the exclusionary rule blocks that search and thus the truth. Sometimes the suppression of the truth by use of the rule does not work an injustice because the trial process finds the truth from other admissible evidence. In this case, however, the greatest injustice is done by the use of the rule; an injustice not only to society but also to the hapless victim who must see her assailant go unpunished. Proof of guilt to near certitude is being excluded. Moreover, it is the only proof that Lewis committed this…