| This paper details the legislative history of the exclusionary rule and 42 U.S.C. Section 1983 as they apply to the Fourth Amendment. It outlines each protections rationales, exceptions, and limitations. As the exclusionary rule offers a deterrence rationale for its main purpose, the paper reviews most of the research done on the exclusionary rule and police deterrence.;The paper's primary focus is to argue that both protections have been diluted by the courts and are not performing their desired functions, that of remedying police searches that violate the Fourth Amendment.;In regard to Section 1983, the paper examines how it evolved in today's legal system and its current role in release-dismissal agreements. The future possibility of "comparative reprehensibility" for the exclusionary rule is also examined. |
