Roger L. Cossack, Los Angeles, Cal., for respondents Stewart, et al. 3424, 3429, n. 6, 82 L.Ed.2d 737 ("[I]t was not unreasonable for the police in this case to rely on the judge's assurances that the warrant authorized the search they had requested"). 2022, 2042-2043, 29 L.Ed.2d 564 (1971); Vale v. Louisiana, 399 U.S. 30, 90 S.Ct. Illinois v. Gates, 462 U.S., at 255, 103 S.Ct., at 2340 (WHITE, J., concurring in judgment). Undoubtedly, in the situation hypothesized by the Court, the existence of the exclusionary rule cannot be expected to have any deterrent effect on the particular officers at the moment they are deciding whether to go forward with the search. Application of that principle clearly requires affirmance in the two cases decided today. It is probable, though admittedly not certain, that the Court of Appeals would now conclude that the warrant in Leon satisfied the Fourth Amendment if it were given the opportunity to reconsider the issue in the light of Gates. * * * * *. 3037, 3056, 49 L.Ed.2d 1067 (1976) (BRENNAN, J., dissenting); Michigan v. DeFillippo, 443 U.S. 31, 41, 99 S.Ct. Franks v. Delaware, 438 U.S. 154, 98 S.Ct. Similarly, in United States v. Janis, supra, we permitted the use in federal civil proceedings of evidence illegally seized by state officials since the likelihood of deterring police misconduct through such an extension of the exclusionary rule was insufficient to outweigh its substantial social costs. . The pair later returned to Los Angeles together, consented to a search of their luggage that revealed only a small amount of marihuana, and left the airport. In No. Officer Rombach's application for a warrant clearly was supported by much more than a "bare bones" affidavit. 1999, 2014, 29 L.Ed.2d 619 (1971) (BURGER, C.J., dissenting), these studies have demonstrated that federal and state prosecutors very rarely drop cases because of potential search and seizure problems. As we observed in Michigan v. Tucker, 417 U.S. 433, 447, 94 S.Ct. App. But what the Court overlooks is that the deterrence rationale for the rule is not designed to be, nor should it be thought of as, a form of "punishment" of individual police officers for their failures to obey the restraints imposed by the Fourth Amendment. Finally, depending on the circumstances of the particular case, a warrant may be so facially deficient—i.e., in failing to particularize the place to be searched or the things to be seized—that the executing officers cannot reasonably presume it to be valid. On the cover of the warrant the caption "Controlled Substances" had been crossed out, and an "addendum" to the warrant authorized a search for and seizure of a rifle and ammunition, indicating that the warrant was not limited to controlled substances. 1912, 1917, 64 L.Ed.2d 559 (1980) (BRENNAN, J., dissenting). . See also Traynor, Mapp v. Ohio at Large in the Fifty States, 1962 Duke L.J. People v. Cahan, 44 Cal.2d 434, 445, 282 P.2d 905, 912 (1955). In Calandra, for example, the Court concluded that the "speculative and undoubtedly minimal advance in the deterrence of police misconduct," was insufficient to outweigh the "expense of substantially impeding the role of the grand jury." 159 (1933).13 Even if the warrant application was supported by more than a "bare bones" affidavit, a reviewing court may properly conclude that, notwithstanding the deference that magistrates deserve, the warrant was invalid because the magistrate's probable-cause determination reflected an improper analysis of the totality of the circumstances, Illinois v. Gates, supra, 462 U.S., at 238-239, 103 S.Ct., at 2332-2333, or because the form of the warrant was improper in some respect. But in situations where police officers reasonably (but mistakenly) believe that their planned conduct satisfies Fourth Amendment requirements—presumably either (a) because they are acting on the basis of an apparently valid warrant, or (b) because their conduct is only later determined to be invalid as a result of a subsequent change in the law or the resolution of an unsettled question of law—then such officers will have no reason to refrain from conducting the search and the exclusionary rule will have no effect. Accessed 12 Sep. 2020. Like all courts, we face institutional limitations on our ability to gather information about "legislative facts," and the exclusionary rule itself has exacerbated the shortage of hard data concerning the behavior of police officers in the absence of such a rule. Instead, he acted without sanction of law, doubtless prompted by the desire to bring further proof to the aid of the Government, and under color of his office undertook to make a seizure of private papers in direct violation of the constitutional prohibition against such action. Under such circumstances well-trained professionals must know that they are violating the Constitution. The Court followed United States v. Leon 468 U.S. 897 (1984) where police conducted a search with a warrant that they later found out was defective. 338, 62 L.Ed.2d 238 (1979); Torres v. Puerto Rico, 442 U.S. 465, 99 S.Ct. 746 (1886). 741, 744, 13 L.Ed.2d 687 (1965). In my view, a doctrine that preserves intact the constitutional rights of the accused, and, at the same time, is sufficiently limited to permit society's legitimate and pressing interest in criminal law enforcement to be served should not be so recklessly discarded. The Court's view that it is consistent with our Constitution to adopt a rule that it is presumptively reasonable to rely on a defective warrant is the product of constitutional amnesia.27.

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