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They argue that: 1  exclusion is costly inasmuch as it requires freeing guilty offenders; 2  that the rule does nothing for innocent victims of police misconduct, who have no evidence of crime to be suppressed; 3  that the rule's deterrent benefits are, as an empirical matter, doubtful; that, if the rule does deter, it may overdeter by causing the police not to engage in searches that, although close to the line of illegality, are not over that line; that the tort remedy might be made more effective by plausible reforms;
The rule requiring suppression of such evidence, known as the exclusionary rule, applies in all federal and state cases, according to the Supreme Courtâs ruling in Mapp v. Ohio, 367 U.S. 643 (1961). Since its ruling in Mapp, the Supreme Court has set limits on the applicability of the exclusionary rule.