What is the effect of exclusionary rule on search and seizure?

Finally, we observe that our decision is consonant with the rationale of the exclusionary rule which is "to deter to compel respect for the constitutional guaranty against unreasonable searches and seizures in the only effective way by removing the incentive to disregard it." Elkins v. United States, 364 U.S. 206, 217, 80 S.Ct. 1437, 1444, 4 L.Ed.2d 1669 (1960). The underlying assumption of the rule is that the incentive for conducting illegal searches and seizures will be largely destroyed if prosecutors are barred from using the fruit in a criminal prosecution. And it is argued that if the incentive is reduced, the police will have less reason to violate the individual's right of privacy.¹¹

[379 F.2d 905]