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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;
In 1914, the U.S. Supreme Court announced a strong version of the exclusionary rule, in the case of Weeks v. United States, under the Fourth Amendment prohibiting unreasonable searches and seizures.This decision, however, created the rule only on the federal level.ven in a criminal case, the exclusionary rule does not simply bar the introduction of all evidence obtained in violation of the Fourth, Fifth, or Sixth Amendment. In Hudson v. Michigan, Justice Scalia wrote for the U.S. Supreme Court: