Can the exclusionary rule be applied in a civil proceeding involving an intrasovereign violation?

But if it were necessary to do so, and to seek to answer "whether the exclusionary rule is to be applied in a civil proceeding involving an intrasovereign violation," the question left open in United States v. Janis, 428 U.S. 433, 456 n. 31, 96 S.Ct. 3021, 3033 n. 31, 49 L.Ed.2d 1046 (1976), I would not reach the majority's result. For reasons that I will not elaborate here at length since I have done so elsewhere, ² I would hold that federal criminal agents cannot hand federal civil agents the fruits of an illegal search or seizure on a silver or any other platter.

This is not because I necessarily disagree with the analysis of the majority in terms of deterrence and its effects; rather it is because I disagree that deterrence is the sole rationale of the exclusionary rule. When that rule was first announced for a unanimous Court in Weeks v. United States, 232 U.S. 383, 34 S.Ct. 341, 58 L.Ed. 652 (1914), there was not a word about deterrence of police conduct in the opinion. Rather, Justice Day stressed personal rights and correlative governmental duties.

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