Exclusionary Rule Alternatives

Relational economic loss occurs when a person suffers financial loss as a result of damage to the property of another person. As such, it forms a subset of the law of general economic loss which, in actions for negligence, deals with financial losses not causally related to physical injury of the plaintiff's person or property (Feldthusen, 1994).

The Supreme Court and Congress have taken turns trying to define just what is admissible as legally gathered evidence and who or whom is responsible for defining what that evidence means. When the federal courts defer by use of the rule, other constitutional actors can participate more fully with the Court in interpreting the Constitution over time. This type of deference encourages others to lead in developing constitutional law, or at least be more active partners with the Court in doing so.

The Exclusionary Rule, as adapted by the Supreme Court on June

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virtue of federal authority. And "where federally protected rights have been invaded, it has been the rule from the beginning that courts will be alert to adjust their remedies so as to grant the necessary relief" (Bell v. Hood, 327 U.S., at 684; Bemis Bros. Bag Co. v. United States, 289 U.S. 28, 36; The Western Maid, 257 U.S. 419, 433). So alternatives to the Exclusionary rule, "good faith" exceptions not withstanding, must take into account the motive or pretext of the agents involved in the search and the potential harm (or good) that such searches can do. Alternatives to the Exclusionary rule must be constructed on the definition of motive or pretext involved in search and seizure operations. These definitions in turn need to be translated into procedures that can be adopted by law enforcement and the judiciary. Considering all the difficulties involved in carrying out an operation fraught with the possibility of human error, remedies have been slow to evolve. Alternatives tend to fall into categories that range from the conservative to radical. In the conservative category, there are those who preach simple moral tolerance. Daniel B. Yeager (1993), in A Radical Community of Aid: A Rejoinder to Opponents of Affirmative
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Approximate Word count = 2868
Approximate Pages = 11 (250 words per page)

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