The effect of the exclusionary rule on vehicle stops and searches by police

The purpose of this study was to examine the extent and manner in which the exclusionary rule affects the vehicle stop and search behavior of police officers. The data for this study were gathered utilizing a questionnaire. The survey instrument was designed to elicit responses regarding actual vehicle stop and search behavior of the officers surveyed, their comments regarding such behavior by officers in general, and their likely stop and search behavior in hypothetical cases.;In addition to addressing research questions, the possible effect of factors such as education, training, age, and time in service on stop and search behavior was examined. The questionnaire data was supplemented by personal interviews with officers for a better understanding of stop and search dynamics.;This study demonstrates that the exclusionary rule is not a panacea for police misconduct. The reality of police work clashes with the courts' efforts to influence police behavior by excluding unlawfully seized evidence, and the rule does not sanction the police for misconduct. The rule has, however, sensitized the police to the issue of unlawful stops and searches, and manifests itself in creative writing, retroactive probable cause, and a resourceful use of existing traffic laws to conduct pretext vehicle stops.;The motivation for unlawful stops and searches is at times altruistic, and also likely to be driven by the thrill of the hunt. This study did not provide any easy answers to the often asked question of whether we should abandon the exclusionary rule, but did nibble away part of the exclusionary rule's unknown quantity. (Abstract shortened with permission of author.).