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The Exclusionary Rule Lottery, Eugene R. Milhizer

Eugene R Milhizer

Abstract This Article/Essay, The Exclusionary Rule Lottery, critiques the contemporary Fourth Amendment Exclusionary Rule using an original analogy of a lottery to lay bare its moral and prudential insufficiency. The Article begins with a brief discussion of the Rule’s historical development and changing rationale. It next describes how the Rule has evolved to express an unprincipled and narrow utilitarian calculation. It then illustrates the moral and prudential insufficiency of the contemporary approach through the lottery analogy. In particular, it criticizes the Rule’s premise, absence of empirical support, and potential for abuse. The Article concludes by calling for the adoption of …