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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;
Lesson Summary. The 1961 Supreme Court case Mapp v. Ohio helped to create what is known as the exclusionary rule, which says that evidence which is unconstitutionally seized (for instance, without a proper warrant) cannot be presented at trial.