illinois krull argued november decided march illinois statute existed required licensed motor vehicle vehicular parts sellers permit state officials inspect certain required records pursuant statute police detective entered respondents automobile wrecking yard asked see records vehicle purchases told records located given list approximately five purchases receiving permission look cars yard ascertained three stolen fourth identification number removed seized cars respondents arrested charged various crimes state trial granted respondents motion suppress evidence seized yard agreeing ruling issued day search state statute violated fourth amendment permitted officers unbridled discretion warrantless searches state affirmed rejecting petitioner argument seized evidence admissible detective acted reliance statute making search held fourth amendment exclusionary rule apply evidence obtained police acted objectively reasonable reliance upon statute authorizing warrantless administrative searches subsequently found violate fourth amendment pp application exclusionary rule circumstances little deterrent effect future police misconduct basic purpose rule officers conducting searches simply fulfilling responsibility enforce statute written statute clearly unconstitutional officers expected question judgment legislature passed law pp application exclusionary rule justified basis deterring legislative misconduct police legislators focus rule furthermore evidence suggest legislatures inclined ignore subvert fourth amendment also indication exclusion evidence seized pursuant statute subsequently declared unconstitutional significant deterrent effect enactment similar laws legislators enact statutes broad programmatic purposes purpose procuring evidence particular cases greatest deterrent unconstitutional enactments courts power invalidate statutes even exclusionary rule provided incremental deterrent benefit outweighed substantial social costs exacted rule pp contention application exclusionary rule required large numbers people affected warrantless administrative search statute persuasive although number individuals affected may considered weighing costs benefits applying rule fact many affected require rule application application meaningful deterrent effect contention exception exclusionary rule recognized discourage criminal defendants presenting meritorious fourth amendment claims also persuasive defendants always able argue suppression motion officer reliance warrantless search statute objectively reasonable therefore good faith furthermore persons covered statute may bring action seeking declaration statute unconstitutionality injunction barring implementation pp exception exclusionary rule recognized statute support objectively reasonable reliance passing legislature wholly abandoned responsibility enact constitutional laws statutory provisions reasonable law enforcement officer known statute unconstitutional detective reliance illinois statute objectively reasonable even assuming statute unconstitutional vested state officials much discretion constitutional defect obvious police officer acting good faith pp blackmun delivered opinion rehnquist white powell scalia joined marshall filed dissenting opinion post filed dissenting opinion brennan marshall stevens joined post michael angarola argued cause petitioner brief neil hartigan attorney general illinois roma stewart solicitor general mark rotert assistant attorney general paul larkin argued cause amicus curiae urging reversal brief solicitor general fried assistant attorney general trott deputy solicitor general bryson andrew pincus robert erickson miriam miquelon argued cause respondents brief louis garippo robert corbin attorney general arizona daniel hales james murphy jack yelverton fred inbau wayne schmidt james manak filed brief state arizona et al amici curiae urging reversal justice blackmun delivered opinion leon ruled fourth amendment exclusionary rule apply evidence obtained police officers acted objectively reasonable reliance upon search warrant issued neutral magistrate warrant ultimately found unsupported probable cause see also massachusetts sheppard present case presents question whether similar exception exclusionary rule recognized officers act objectively reasonable reliance upon statute authorizing warrantless administrative searches statute ultimately found violate fourth amendment state illinois part vehicle code comprehensive statutory scheme regulating sale motor vehicles vehicular parts see rev ch person sells motor vehicles deals automotive parts processes automotive scrap metal engages similar business must obtain license illinois secretary state licensee required maintain detailed record motor vehicles parts purchases sells including identification numbers vehicles parts dates acquisition disposition statute form required licensee permit state officials inspect records reasonable time night day allow examination premises licensee established place business purpose determining accuracy required records rev ch respondents operated action iron metal automobile wrecking yard located city chicago detective leilan mcnally chicago police department regularly inspected records wrecking yards pursuant state statute tr morning july entered respondents yard identified police officer respondent lucas working yard asked see license records vehicle purchases lucas locate license records produce paper pad approximately five vehicle purchases listed mcnally requested received permission lucas look cars yard upon checking mobile computer serial numbers several vehicles mcnally ascertained three stolen also identification number fourth removed mcnally seized four vehicles placed lucas arrest respondent krull holder license respondent mucerino present yard day search arrested later respondents charged various criminal violations illinois motor vehicle statutes state trial circuit cook county granted respondents motion suppress evidence seized yard app respondents relied ruling issued day following search authorizing warrantless administrative searches licensees unconstitutional see bionic auto parts sales fahner supp nd aff part vacated part remanded part federal district case concluded statute permitted officers unbridled discretion searches therefore constitutionally adequate substitute warrant quoting donovan dewey state trial instant case agreed statute invalid concluded unconstitutionality affects pending prosecutions completed app basis trial granted respondents motion suppress evidence appellate illinois first judicial district vacated trial ruling remanded case proceedings observed recent developments law indicated detective mcnally reliance state statute might relevant assessing admissibility evidence trial first make factual determination regarding mcnally good faith also observed trial might wish reconsider holding regarding unconstitutionality statute light decision appeals seventh circuit upholding amended form illinois statute see bionic auto parts sales fahner remand however state trial adhered decision grant respondents motion suppress stated relevant statute one effect time mcnally searched respondents yard statute unconstitutional reasons stated federal district bionic concluded good faith officer relevant acts pursuant warrant detective mcnally possible reliance upon statute bearing case app illinois affirmed first ruled state statute existed time mcnally searched respondents yard unconstitutional noted statutes authorizing warrantless administrative searches heavily regulated industries upheld searches necessary promote enforcement substantial state interest statute terms certainty regularity application provide constitutionally adequate substitute warrant quoting donovan dewey although acknowledging statutory scheme authorizing warrantless searches licensees furthered strong public interest preventing theft automobiles trafficking stolen automotive parts illinois concluded statute violated fourth amendment vested state officials much discretion decide long search rejected state argument evidence seized respondents wrecking yard nevertheless admitted police officer acted reliance statute authorizing searches observed michigan defillippo upheld arrest search made pursuant ordinance defining criminal offense ordinance subsequently held violate fourth amendment illinois noted defillippo contrasted ordinance defining substantive criminal offense procedural statute directly authorizing searches without warrant probable cause stated evidence obtained searches conducted pursuant latter type statute traditionally admitted illinois statute define substantive criminal offense instead procedural statute directly authorizing warrantless searches illinois concluded reliance upon statute used justify admission evidence exception exclusionary rule granted certiorari consider whether exception fourth amendment exclusionary rule applies officer reliance constitutionality statute objectively reasonable statute subsequently declared unconstitutional ii evidence obtained violation fourth amendment judicially developed exclusionary rule usually precludes use criminal proceeding victim illegal search seizure weeks mapp ohio stressed prime purpose exclusionary rule deter future unlawful police conduct thereby effectuate guarantee fourth amendment unreasonable searches seizures calandra application exclusionary rule neither intended able cure invasion defendant rights already suffered leon quoting stone powell white dissenting rather rule operates judicially created remedy designed safeguard fourth amendment rights generally deterrent effect rather personal constitutional right party aggrieved quoting calandra remedial device application exclusionary rule properly restricted situations remedial purpose effectively advanced thus various circumstances examined whether rule deterrent effect achieved weighed likelihood deterrence costs withholding reliable information process see janis evidence obtained state officers violation fourth amendment may used federal civil proceeding likelihood deterring conduct state officers outweigh societal costs imposed exclusion calandra evidence obtained contravention fourth amendment may used grand jury proceedings minimal advance deterrence police misconduct outweighed expense impeding role grand jury leon held exclusionary rule applied evidence obtained police officer whose reliance search warrant issued neutral magistrate objectively reasonable even though warrant ultimately found defective basis three factors concluded sound reason apply exclusionary rule means deterring misconduct part judicial officers responsible issuing warrants first exclusionary rule historically designed deter police misconduct rather punish errors judges magistrates second evidence suggesting judges magistrates inclined ignore subvert fourth amendment lawlessness among actors requires application extreme sanction exclusion ibid third greatest importance basis believing exclusion evidence seized pursuant warrant significant deterrent effect issuing judge magistrate ibid explained judges magistrates adjuncts law enforcement team neutral judicial officers stake outcome particular criminal prosecutions thus threat exclusion evidence expected deter individuals improperly issuing warrants judicial ruling warrant defective sufficient inform judicial officer error made considered whether application exclusionary rule context expected alter behavior law enforcement officers prior cases observed purpose exclusionary rule deter police officers violating fourth amendment evidence suppressed said law enforcement officer knowledge may properly charged knowledge search unconstitutional fourth amendment peltier see also michigan tucker officer conduct objectively reasonable explained leon xcluding evidence ends exclusionary rule appreciable way painfully apparent officer acting reasonable officer act similar circumstances excluding evidence way affect future conduct unless make less willing duty leon quoting stone powell white dissenting approach used leon equally applicable present case application exclusionary rule suppress evidence obtained officer acting objectively reasonable reliance statute little deterrent effect officer actions exclusion evidence officer acts objectively reasonable reliance warrant unless statute clearly unconstitutional officer expected question judgment legislature passed law statute subsequently declared unconstitutional excluding evidence obtained pursuant prior judicial declaration deter future fourth amendment violations officer simply fulfilled responsibility enforce statute written paraphrase comment leon penalizing officer legislature error rather logically contribute deterrence fourth amendment violations ibid difference holding leon holding instant case therefore must rest difference effect exclusion evidence judicial officers effect exclusion evidence legislators although two groups clearly serve different functions criminal justice system differences controlling purposes case noted leon initial matter exclusionary rule aimed deterring police misconduct thus legislators like judicial officers focus rule moreover extent consider rule effect legislators initial inquiry set leon whether evidence suggest legislators inclined ignore subvert fourth amendment ibid although legislators neutral judicial officers judges magistrates neither adjuncts law enforcement team ibid role legislators criminal justice system enact laws purpose establishing perpetuating system order fulfill responsibility legislators deliberations necessity significantly different hurried judgment law enforcement officer engaged often competitive enterprise ferreting crime johnson assuming office state legislators required take oath support federal constitution see art vi cl indeed according laws presumption constitutional validity courts presume legislatures act constitutional manner see mcdonald board election chicago see generally singer sutherland statutory construction ed evidence suggesting congress state legislatures enacted significant number statutes permitting warrantless administrative searches violative fourth amendment legislatures generally confined efforts authorizing administrative searches specific categories businesses require regulation resulting statutes usually held constitutional see donovan dewey biswell colonnade catering pharmaceuticals cert denied see also lafave search seizure pp supp collecting cases thus given basis believing legislators inclined subvert oaths fourth amendment lawlessness among actors requires application extreme sanction exclusion leon even conclude legislators different certain relevant respects magistrates legislators officers judicial system next inquiry necessitated leon whether exclusion evidence seized pursuant statute subsequently declared unconstitutional significant deterrent effect legislators enacting statutes respondents offered us reason believe applying exclusionary rule effect legislators enact statutes broad programmatic purposes purpose procuring evidence particular criminal investigations thus logical assume greatest deterrent enactment unconstitutional statutes legislature power courts invalidate statutes invalidating statute informs legislature constitutional error affects admissibility evidence obtained subsequent constitutional ruling often results legislature enacting modified constitutional version statute happened case nothing indicate applying exclusionary rule evidence seized pursuant statute prior declaration invalidity act significant additional deterrent moreover extent application exclusionary rule provide incremental deterrent possible benefit must weighed substantial social costs exacted exclusionary rule indulge weighing convinced applying exclusionary rule context unjustified respondents argue result case different leon statute authorizing warrantless administrative searches affects entire industry large number citizens issuance defective warrant affects one person distinction persuasive determining whether apply exclusionary rule examine whether application advance deterrent objective rule although number individuals affected may considered weighing costs benefits applying exclusionary rule simple fact many affected statute sufficient tip balance deterrence fourth amendment violations advanced meaningful way also believe defendants choose contest validity statutes unable benefit directly subsequent exclusion evidence thereby resulting statutes evade constitutional review first leon explicitly rejected argument goodfaith exception adopted case preclude review constitutionality search seizure cause defendants lose incentive litigate meritorious fourth amendment claims stated magnitude benefit conferred defendants successful suppression motion makes unlikely litigation colorable claims substantially diminished effort suppress evidence defendant reason argue police officer reliance warrant statute objectively reasonable therefore considered good faith second unlike person searched pursuant warrant person subject statute authorizing searches without warrant probable cause may bring action seeking declaration statute unconstitutional injunction barring implementation indeed course action followed respect statute issue case several businesses brought declaratory judgment suit federal district challenging illinois vehicle code provision declared unconstitutional see bionic auto parts sales fahner subsequent declaration respondents criminal trial challenged admissibility evidence obtained pursuant statute app noted leon exception exclusionary rule apply issuing magistrate wholly abandoned judicial role manner condemned sales new york warrant facially deficient executing officers reasonably presume valid similar constraints apply exception exclusionary rule recognize today statute support objectively reasonable reliance passing statute legislature wholly abandoned responsibility enact constitutional laws law enforcement officer said acted reliance upon statute provisions reasonable officer known statute unconstitutional cf harlow fitzgerald overnment officials performing discretionary functions generally shielded liability civil damages insofar conduct violate clearly established statutory constitutional rights reasonable person known emphasized leon standard reasonableness adopt objective one standard turn subjective good faith individual officers see leon iii applying principle enunciated case necessarily conclude detective mcnally reliance illinois statute objectively reasonable several occasions upheld legislative schemes authorized warrantless administrative searches heavily regulated industries see donovan dewey inspections underground surface mines pursuant federal mine safety health act biswell inspections firearms dealers gun control act colonnade catering inspections liquor dealers recognized inspection program may necessary component regulation certain industries acknowledged unannounced warrantless inspections may necessary law properly enforced inspection made effective biswell donovan dewey thus explained donovan prior decisions make clear warrant may constitutionally required congress reasonably determined warrantless searches necessary regulatory scheme federal regulatory presence sufficiently comprehensive defined owner commercial property help aware property subject periodic inspections undertaken specific purposes standards established cases detective mcnally reliance illinois statute authorizing warrantless inspections licensees objectively reasonable ruling statute constitutionality illinois recognized licensing inspection scheme furthered strong public interest helped facilitate discovery prevention automobile thefts concluded reasonable assume warrantless administrative searches necessary order adequately control theft automobiles automotive parts ibid appeals seventh circuit upholding amended version statute pointed dealers illinois put notice entering field subject extensive state regulation see bionic auto parts sales fahner illinois statute thus directed one specific heavily regulated industry authorized warrantless searches necessary effectiveness inspection system licensees put notice businesses subject inspections pursuant state administrative scheme according illinois statute failed pass constitutional muster solely statute vested state officials much discretion decide long search assuming purposes case illinois correct constitutional analysis defect statute sufficiently obvious render police officer reliance upon statute objectively unreasonable statute provided searches conducted reasonable time night day seemed limit scope inspections records businesses required maintain business premises purposes determining accuracy required records rev ch statutory provisions circumscribe officers discretion may important establishing statute constitutionality additional restrictions discretion might necessary obvious objectively reasonable police officer realized statute unconstitutional without therefore conclude detective mcnally relied objective good faith statute appeared legitimately allow warrantless administrative search respondents business accordingly judgment illinois reversed case remanded proceedings inconsistent opinion ordered footnotes citations transcript refer hearing respondents suppression motion held circuit cook county record trial also concluded lucas consented search app ruling issue following decision district bionic auto parts sales fahner supp nd illinois legislature amended statute limit timing frequency duration administrative search laws codified amended rev ch see supra appeal appeals seventh circuit address validity earlier form statute held amended statute satisfied requirements fourth amendment see bionic auto parts sales fahner trial also indicated mcnally may acted outside scope statutory authority examined vehicles listed pad offered lucas app record state bypassed illinois intermediate appellate appealed directly illinois pursuant illinois rule indeed possibility deterrent effect may even less officer acts pursuant statute rather warrant leon pointed one argue applying exclusionary rule cases police failed demonstrate probable cause warrant application deters future inadequate presentations magistrate shopping thus promotes ends fourth amendment although leon dismissed argument speculative possibility police officer might modify behavior exist officer relies existing statute authorizes warrantless inspections require preinspection action comparable seeking warrant part officers possible perhaps legislators political purposes possessed zeal enact particular unconstitutionally restrictive statute deterred fact might later declare law unconstitutional doubt whether legislator possessed fervor disregard oath support constitution significantly deterred possibility exclusionary rule preclude introduction evidence certain number prosecutions moreover equal importance willing assume leon possibility magistrates acting rubber stamps police problem major proportions see willing assume exists significant problem legislators perform legislative duties indifference constitutionality statutes enact future empirical evidence ever undermine assumption conclusions may revised accordingly see leon concurring opinion leon pointed objectionable collateral consequence interference criminal justice system function guilty defendants may go free receive reduced sentences result favorable plea bargains moreover always true issuance defective warrants affect persons example possible rather controversial decision aguilar texas see illinois gates number magistrates believed probable cause established solely uncorroborated allegations police officer significant number warrants may issued basis view adjusted ruling many persons may affected systematic granting warrants based erroneous views standards necessary establish probable cause plaintiffs challenged state statutes fourth amendment grounds declaratory judgment actions see california restaurant assn henning cal app cal rptr organization restaurant owners challenged constitutionality state statute vesting authority state labor commissioner issue subpoenas compelling production books records hawaii psychiatric soc ariyoshi supp haw action enjoin enforcement state statute authorized issuance administrative inspection warrants search records medicaid providers bilbrey brown parents sought declaration school board guidelines authorizing warrantless searches school principal teacher unconstitutional see also accessories trade assn maryland supp md challenging constitutionality maryland drug paraphernalia act violative fourth amendment constitutional provisions dissent takes issue rule announced case result defendant successfully challenged constitutionality statute denied benefits suppression evidence post dissent recognizes however identical concern present leon dissent offers reason concern different defendant challenges constitutionality statute rather warrant illinois consider whether officer objectively reasonable reliance upon statute justifies exception exclusionary rule instead noted rested holding existence dichotomy derive opinion michigan defillippo see believe distinction relied upon illinois relevant deciding whether exclusionary rule applied case defillippo decided leon drew distinction evidence obtained officers rely upon statute defines substantive crime evidence obtained officers rely upon statute authorizes searches without warrant probable cause stated evidence obtained searches conducted pursuant latter type statute traditionally excluded none cases cited defillippo support distinction however addressed question whether exception exclusionary rule recognized officer reliance statute objectively reasonable rather cases simply evaluated constitutionality particular statutes application authorized searches without warrant probable cause see torres puerto rico statute allowed police search luggage person arriving airport pier puerto rico without requirement probable cause violated fourth amendment search pursuant statute allowed border patrol conduct warrantless searches within reasonable distance border regulation defined distance air miles without requirement probable cause violated fourth amendment berger new york statute authorized eavesdropping without requirement information seized particularized violated fourth amendment see also sibron new york search pursuant statute allowed officers search individual upon reasonable suspicion engaged criminal activity unreasonable conducted without probable cause see leon purposes deciding whether apply exclusionary rule see valid reason distinguish statutes define substantive criminal offenses statutes authorize warrantless administrative searches either situation application exclusionary rule deter violation fourth amendment police officers officers merely carrying responsibilities implementing statute similarly either situation basis assuming exclusionary rule necessary effective deterring legislature passing unconstitutional statute basis applying exclusionary rule exclude evidence obtained law enforcement officer acts objectively reasonable reliance upon statute regardless whether statute may characterized substantive procedural question whether illinois statute effect time mcnally search fact unconstitutional us concerned solely whether detective acted reliance upon apparently valid statute constitutionality statutory scheme authorizing warrantless searches automobile junkyards considered new york burger cert granted expressly limited holding barlow inspection provisions act noted reasonableness warrantless search depend upon specific enforcement needs privacy guarantees statute statutes apply single industry regulations might already pervasive exception warrant requirement apply example amended version illinois statute upheld appeals seventh circuit incorporated following inspections initiated business conducted inspection last hours licensee representative entitled present inspection six inspections one business location conducted within period except pursuant search warrant response public complaints violations rev ch indeed less year half search respondents yard indiana upheld indiana statute authorizing warrantless administrative searches automobile businesses similar illinois statute include extensive restrictions police officers discretion see state tindell ind respondents also argue detective mcnally acted outside scope statute action constitutes alternative ground suppressing evidence even recognize goodfaith exception officers reasonably rely statutes act within scope statutes observed see supra trial indicated mcnally may acted outside scope statutory authority brief illinois state commented mcnally search properly limited examining records inventory action iron metal company brief appellant sup illinois however made reference trial discussion regarding scope mcnally authority instead affirmed suppression evidence ground exception applicable context statute anticipate illinois remand consider whether trial made definitive ruling regarding scope statute whether state preserved objection ruling whether trial properly interpreted statute juncture decline state invitation recognize exception officer erroneously good faith believes acting within scope statute ruling premature follow inexorably today decision opinion makes clear question whether exclusionary rule applicable particular context depends significantly upon actors making relevant decision rule designed influence answer question might well different police officers act outside scope statute albeit good faith context relevant actors legislators magistrates police officers concededly engaged often competitive enterprise ferreting crime johnson justice marshall dissenting join justice dissenting opinion find necessary discuss holdings calandra stone powell janis see post accordingly subscribe portion opinion justice justice brennan justice marshall justice stevens join dissenting today extends exception fourth amendment exclusionary rule leon order provide grace period unconstitutional search seizure legislation state permitted violate constitutional requirements impunity leon rationale support extension rule unable give independent reason defense departure established precedent accordingly respectfully dissent ante accurately summarizes leon holding leon held exclusionary rule applied evidence obtained police officer whose reliance search warrant issued neutral magistrate objectively reasonable even though warrant ultimately found defective agree police officer involved case acted objective good faith executing search pursuant rev ch repealed ante notes ante correctness illinois finding statute violated fourth amendment issue thus case turns effect given statutory authority unreasonable search unlike see powerful historical basis exclusion evidence gathered pursuant search authorized unconstitutional statute statutes authorizing unreasonable searches core concern framers fourth amendment repeatedly noted reaction ancient act parliament authorizing indiscriminate general searches writ assistance wm iii moving force behind fourth amendment payton new york stanford texas boyd james otis argument royal superior boston overreaching laws powerful today dying day oppose powers faculties god given instruments slavery one hand villany writ assistance power places liberty every man hands every petty officer acts parliament establish writ though made words petition void act constitution void works john adams adams ed almost years otis argument determined evidence gathered violation fourth amendment excluded federal weeks mapp ohio rule extended state criminal trials exclusionary rule course regularly applied evidence gathered statutes authorized unreasonable searches see ybarra illinois statute authorized search detention persons found premises searched pursuant warrant torres puerto rico statute authorized search luggage persons entering puerto rico statute authorized search automobiles without probable cause within border areas sibron new york statute authorized frisk absent constitutionally required suspicion officer danger berger new york permissive eavesdrop statute indeed weeks made clear exclusionary rule intended apply evidence gathered officers acting legislative sanction weeks supra leon face purport disturb rulings decisions involved statutes terms authorized searches circumstances satisfy traditional warrant requirements fourth amendment michigan defillippo substantive fourth amendment principles announced cases fully consistent holding leon short history fourth amendment later interpretations support application exclusionary rule evidence gathered equivalent act authorizing writ assistance history also supplies evidence leon demanded proposition relevant state actors legislators might pose threat values embodied fourth amendment legislatures upon occasion failed adhere requirements fourth amendment cited cases illustrate indeed noted history amendment suggests legislative abuse precisely evil fourth amendment intended eliminate stark contrast framers fear judicial officers state actors issue leon posed serious threat fourth amendment values james otis clear point denouncing unconstitutional act parliament first place may please honors admit writs one kind may legal special writs directed special officers search certain houses specially set forth writ may granted exchequer home upon oath made lord treasurer person asks suspects goods concealed places desires search works john adams adams ed moreover leon relied explicitly tradition judicial independence concluding presented evidence contrary relatively little cause concern judicial officers might take opportunity presented exception authorize unconstitutional searches judges magistrates adjuncts law enforcement team neutral judicial officers stake outcome particular criminal prosecutions leon supra unlike police officers judicial officers engaged often competitive enterprise ferreting crime johnson legislature objective passing law authorizing unreasonable searches however explicitly facilitate law enforcement fourth amendment rights times proved unpopular measure framers fear passing majority might find expedient compromise fourth amendment values values embodied constitution bram legislators virtue political role often subjected political pressures may threaten fourth amendment values judicial officers finally disagree reason believe applying exclusionary rule deter legislation authorizing unconstitutional searches ante inevitable result constitution prohibition unreasonable searches seizures requirement warrant shall issue upon probable cause police officers obey strictures catch fewer criminals stewart colum rev providing legislatures grace period police may freely perform unreasonable searches order convict might otherwise escaped creates positive incentive promulgate unconstitutional laws cf weeks heartily agree legislators ordinarily take seriously oaths uphold constitution proper presume legislative acts constitutional ante said reason fear particular legislature might yield temptation offered exception accordingly find none leon stated rationales see ante supports decision case history suggests exclusionary rule apply unconstitutional legislatively authorized search historical experience provides basis concluding legislatures may threaten fourth amendment values even conceding deterrent value exclusionary rule context arguable unwilling abandon history precedent weighing favor suppression willing still join opinion rule adopts difficult administer anomalous scope exception unclear officers held acted reliance upon statute provisions reasonable officer known statute unconstitutional cf harlow fitzgerald ante think errs importing harlow clearly established law test area apparent much constitutional law reasonable officer expected know contrast leon simply instructs courts police officers may rely upon facially valid search warrant case episode courts need inquire officer probable understanding state law except extreme instance search warrant upon reasonable officer rely decision today however courts expected determine point reasonable officer held know statute evolving legal rules become clearly unconstitutional process clearly establishing constitutional rights long tedious uncertain one indeed notes ante unconstitutionality illinois statute clearly established day granted certiorari question constitutionality similar statutory scheme new york burger thus six years events question case constitutionality statutes kind remains fair ground litigation nothing justifies grace period extraordinary length unconstitutional legislative act difficulties determining whether particular statute violates clearly established rights substantial see davis administrative law treatise ed important effect davis scherer future law relates locating line established constitutional rights clearly established constitutional rights assigning task drawing line may attempting impossible law clearly stated abstract usually becomes unclear applied variable imperfectly understood facts need rule difficult application outside civil damages context view dubious determined fairness defendant well public policy dictates individual government officers subjected damages suits arguable constitutional violations harlow fitzgerald citing butz economou suppression illegally obtained evidence implicate concern finally find ruling case right angles directly odds recent decision griffith kentucky griffith held basic norms constitutional adjudication fairness similarly situated defendants require give decisions retroactive effect cases yet reached final unappealable judgment extent decisions applied retroactively subject much debate among members many years never doubt decisions applied parties case stovall denno novelty approach taken case illustrated fact decision today effective remedy provided case statute issue held unconstitutional recognize today done past divorces suppression remedy substantive fourth amendment right see leon held exclusionary rule judicially created remedy designed safeguard fourth amendment rights generally deterrent effect rather personal constitutional right party aggrieved calandra moreover exclusionary remedy made available instances fourth amendment rights implicated see stone powell barring habeas corpus review fourth amendment suppression claims janis suppression remedy state fourth amendment violations civil proceedings nevertheless failure apply exclusionary rule case state statute held violated fourth amendment destroys incentive part individual criminal defendants litigate violation fourth amendment rights view whatever basic norms constitutional adjudication griffith kentucky supra otherwise require surely mandate party appearing might conceivably benefit judgment favor attempts carve proviso exception cases legislature wholly abandoned responsibility enact constitutional laws ante circumstances legislature said wholly abandoned obligation pass constitutional laws apparent face opinion whatever scope exception inevitable result decision deny realistic possibility effective remedy party challenging statutes yet declared unconstitutional chill fall upon enforcement development fourth amendment principles governing legislatively authorized searches reasons respectfully dissent