Does the exclusionary rule apply to a defendant's search of his person?

The purpose of the exclusionary rule is to discourage illegal police conduct. (Lockridge v. Superior Court, 3 Cal.3d 166, 171, 89 Cal.Rptr. 731, 474 P.2d 683 and authorities cited.) We do not see how that purpose would be advanced by ex post facto condemnation of an arrest, [16 Cal.App.3d 869] apparently valid when made. The Constitution does not demand judicial overkill. ⁶

Defendant further claims that even if the arrest was legal, the search of his person was not. He places great reliance in People v. Dukes, 1 Cal.App.3d 913, 82 Cal.Rptr. 218 and People v. Williams, 9 Cal.App.3d 565, 88 Cal.Rptr. 349 as standing for the proposition that the police had no right to search him. Dukes is clearly distinguishable because the court's analysis

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