calandra argued october decided january respondent place business searched federal agents warrant issued connection gambling investigation specifying object search discover seize bookmaking records wagering paraphernalia one agent knowing pending federal investigation loansharking activities discovered seized suspected loansharking record subsequently grand jury investigating loansharking activities subpoenaed respondent query seized evidence refused testify fifth amendment grounds government requested transactional immunity respondent district granted respondent suppression motion grounds affidavit supporting warrant insufficient search exceeded scope warrant ordered respondent need answer grand jury questions based suppressed evidence appeals affirmed held witness summoned appear testify grand jury may refuse answer questions ground based evidence obtained unlawful search seizure pp exclusionary rule evidence obtained violation fourth amendment fruits evidence used criminal proceeding victim illegal search seizure judicially created remedy designed safeguard fourth amendment rights generally deterrent effect future unlawful police conduct rather personal constitutional right party aggrieved pp despite broad deterrent purpose rule proscribe use illegally seized evidence proceedings persons application restricted areas remedial objectives thought efficaciously served allowing grand jury witness invoke exclusionary rule unduly interfere effective expeditious discharge grand jury duties extending rule grand jury proceedings achieve speculative minimal advance deterring police misconduct expense substantially impeding grand jury role pp grand jury questions based evidence obtained unlawful search seizure involve independent governmental invasion privacy rather usual abridgment thereof common grand jury questioning questions derivative use product past unlawful search seizure work new fourth amendment wrong pp powell delivered opinion burger stewart white blackmun rehnquist joined brennan filed dissenting opinion douglas marshall joined post footnotes louis claiborne argued cause briefs solicitor general bork former solicitor general griswold assistant attorney general petersen deputy solicitor general lacovara keith jones jerome feit shirley robert rotatori argued cause respondent brief gerald gold niki schwartz melvin wulf paul halvonik filed brief american civil liberties union amicus curiae urging affirmance justice powell delivered opinion case presents question whether witness summoned appear testify grand jury may refuse answer questions ground based evidence obtained unlawful search seizure issue considerable importance administration criminal justice december federal agents obtained warrant authorizing search respondent john calandra place business royal machine tool cleveland ohio warrant issued connection extensive investigation suspected illegal gambling operations specified object search discovery seizure bookmaking records wagering paraphernalia master affidavit submitted support application warrant contained information derived statements confidential informants federal bureau investigation fbi physical surveillance conducted fbi agents electronic surveillance royal machine tool occupies building first floor consists square feet houses industrial machinery inventory second floor contains general office area square feet small office occupied calandra president company secretary december federal agents executed warrant directed calandra place business conducted thorough search premises record reveals agents spent three hours searching calandra office files although agents found gambling paraphernalia one discovered among certain promissory notes card indicating walter loveland making periodic payments calandra agent stated affidavit aware attorney office northern district ohio investigating possible violations dealing extortionate credit transactions loveland victim loansharking enterprise investigation agent concluded card bearing loveland name loansharking record therefore seized along various items including books records company stock certificates address books march special grand jury convened northern district ohio investigate possible loansharking activities violation federal laws grand jury subpoenaed calandra order ask questions based evidence seized search place business december calandra appeared grand jury august refused testify invoking fifth amendment privilege government requested district grant calandra transactional immunity pursuant calandra requested received postponement hearing government application immunity order prepare motion suppress evidence seized search calandra later moved pursuant fed rule crim proc suppression return seized evidence grounds affidavit supporting warrant insufficient search exceeded scope warrant august district held hearing calandra stipulated refuse answer questions based seized materials october district entered judgment ordering evidence suppressed returned calandra ordering calandra need answer grand jury questions based suppressed evidence supp held due process allows witness litigate question whether evidence constitutes basis questions asked grand jury obtained way violates constitutional protection unlawful search seizure found search warrant issued without probable cause search exceeded scope warrant appeals sixth circuit affirmed holding district properly entertained suppression motion exclusionary rule may invoked witness grand jury bar questioning based evidence obtained unlawful search seizure offer grant calandra immunity deemed irrelevant granted government petition certiorari reverse ii institution grand jury deeply rooted history england grand jury served centuries body accusers sworn discover present trial persons suspected criminal wrongdoing protector citizens arbitrary oppressive governmental action country founders thought grand jury essential basic liberties provided fifth amendment federal prosecution serious crimes instituted presentment indictment grand jury cf costello grand jury historic functions survive day responsibilities continue include determination whether probable cause believe crime committed protection citizens unfounded criminal prosecutions branzburg hayes traditionally grand jury accorded wide latitude inquire violations criminal law judge presides monitor proceedings deliberates secret may determine alone course inquiry grand jury may compel production evidence testimony witnesses considers appropriate operation generally unrestrained technical procedural evidentiary rules governing conduct criminal trials grand inquest body powers investigation inquisition scope whose inquiries limited narrowly questions propriety forecasts probable result investigation doubts whether particular individual found properly subject accusation crime blair scope grand jury powers reflects special role insuring fair effective law enforcement grand jury proceeding adversary hearing guilt innocence accused adjudicated rather ex parte investigation determine whether crime committed whether criminal proceedings instituted person grand jury investigative power must broad public responsibility adequately discharged branzburg hayes supra costello supra branzburg occasion reaffirm importance grand jury role investigation crime grand jury implements fundamental governmental role securing safety person property citizen role grand jury important instrument effective law enforcement necessarily includes investigatory function respect determining whether crime committed committed grand jury performing investigatory function general problem area society interest best served thorough extensive investigation wood georgia grand jury investigation fully carried every available clue run witnesses examined every proper way find crime committed stone investigation may triggered tips rumors evidence proffered prosecutor personal knowledge grand jurors costello grand jury examined evidence determination whether proceeding result indictment made power federal compel persons appear testify grand jury also firmly established kastigar duty testify long recognized basic obligation every citizen owes government blackmer bryan branzburg hayes supra noted itizens generally constitutionally immune grand jury subpoenas longstanding principle public right every man evidence particularly applicable grand jury proceedings duty testify may occasion burdensome even embarrassing may cause injury witness social economic status yet duty testify regarded necessary administration justice witness personal interest privacy must yield public overriding interest full disclosure blair furthermore witness may interfere course grand jury inquiry entitled urge objections incompetency irrelevancy party might raise concern entitled challenge authority grand jury set limits investigation grand jury may conduct ibid course grand jury subpoena power unlimited may consider incompetent evidence may violate valid privilege whether established constitution statutes common law branzburg hayes supra bryan supra blackmer supra wigmore evidence mcnaughton rev ed although example indictment based evidence obtained violation defendant fifth amendment privilege nevertheless valid lawn supra grand jury may force witness answer questions violation constitutional guarantee rather grand jury may override fifth amendment claim witness granted immunity privilege kastigar supra similarly grand jury may compel person produce books papers incriminate boyd cf couch grand jury also without power invade legitimate privacy interest protected fourth amendment grand jury subpoena duces tecum disallowed far sweeping terms regarded reasonable fourth amendment hale henkel judicial supervision properly exercised cases prevent wrong occurs iii instant case appeals held exclusionary rule fourth amendment limits grand jury power compel witness answer questions based evidence obtained prior unlawful search seizure exclusionary rule adopted effectuate fourth amendment right citizens secure persons houses papers effects unreasonable searches seizures rule evidence obtained violation fourth amendment used criminal proceeding victim illegal search seizure weeks mapp ohio prohibition applies well fruits illegally seized evidence wong sun silverthorne lumber purpose exclusionary rule redress injury privacy search victim ruptured privacy victims homes effects restored reparation comes late linkletter walker rule calculated prevent repair purpose deter compel respect constitutional guaranty effectively available way removing incentive disregard elkins despite broad deterrent purpose exclusionary rule never interpreted proscribe use illegally seized evidence proceedings persons remedial device application rule restricted areas remedial objectives thought efficaciously served balancing process implicit approach expressed contours standing requirement thus standing invoke exclusionary rule confined situations government seeks use evidence incriminate victim unlawful search brown alderman wong sun supra jones standing rule premised recognition need deterrence hence rationale excluding evidence strongest government unlawful conduct result imposition criminal sanction victim search iv deciding whether extend exclusionary rule grand jury proceedings must weigh potential injury historic role functions grand jury potential benefits rule applied context evident extension exclusionary rule seriously impede grand jury grand jury finally adjudicate guilt innocence traditionally allowed pursue investigative accusatorial functions unimpeded evidentiary procedural restrictions applicable criminal trial permitting witnesses invoke exclusionary rule grand jury precipitate adjudication issues hitherto reserved trial merits delay disrupt grand jury proceedings suppression hearings halt orderly progress investigation might necessitate extended litigation issues tangentially related grand jury primary objective probable result protracted interruption grand jury proceedings gelbard white concurring effectively transforming preliminary trials merits cases delay might fatal enforcement criminal law last term reaffirmed disinclination allow litigious interference grand jury proceedings holding saddle grand jury minitrials preliminary showings assuredly impede investigation frustrate public interest fair expeditious administration criminal laws dionisio potential damage role functions grand jury must weigh benefits derived proposed extension exclusionary rule suppression use illegally seized evidence search victim criminal trial thought important method effectuating fourth amendment follow fourth amendment requires adoption every proposal might deter police misconduct alderman example declined extend exclusionary rule one victim unlawful search deterrent values preventing incrimination whose rights police violated considered sufficient justify suppression probative evidence even though case defendant weakened destroyed adhere judgment convinced additional benefits extending exclusionary rule defendants justify encroachment upon public interest prosecuting accused crime acquitted convicted basis evidence exposes truth incremental deterrent effect might achieved extending rule grand jury proceedings uncertain best whatever deterrence police misconduct may result exclusion illegally seized evidence criminal trials unrealistic assume application rule grand jury proceedings significantly goal extension deter police investigation consciously directed toward discovery evidence solely use grand jury investigation incentive disregard requirement fourth amendment solely obtain indictment grand jury substantially negated inadmissibility illegally seized evidence subsequent criminal prosecution search victim part prosecutor unlikely request indictment conviction obtained therefore decline embrace view achieve speculative undoubtedly minimal advance deterrence police misconduct expense substantially impeding role grand jury respondent also argues every question based evidence obtained illegal search seizure constitutes fresh independent violation witness constitutional rights ordinarily course witness right privacy grand jury absent recognized privilege confidentiality every man owes testimony may invoke fifth amendment privilege compulsory may decline answer grounds responses might prove embarrassing result unwelcome disclosure personal affairs blair respondent claim must therefore merely grand jury questions invade privacy questions based illegally obtained evidence somehow constitute distinct violations fourth amendment rights disagree purpose fourth amendment prevent unreasonable governmental intrusions privacy one person house papers effects wrong condemned unjustified governmental invasion areas individual life wrong committed case fully accomplished original search without probable cause grand jury questions based evidence obtained thereby involve independent governmental invasion one person house papers effects rather usual abridgment personal privacy common grand jury questioning questions based illegally obtained evidence derivative use product past unlawful search seizure work new fourth amendment wrong whether derivative use illegally obtained evidence grand jury proscribed presents question rights remedies usual context criminal trial defendant entitled suppression evidence obtained unlawful search seizure also derivative use evidence prohibition exclusionary rule must reach derivative use fulfill function deterring police misconduct context grand jury proceeding believe damage institution unprecedented extension exclusionary rule urged respondent outweighs benefit possible incremental deterrent effect conclusion necessarily controls evidence seized course unlawful search seizure question evidence derived therefrom fruits unlawful search considerations logic policy apply fruits unlawful search seizure derivative use evidence distinguish judgment appeals reversed basis affidavit federal agents also obtained warrants authorizing searches calandra residence automobile present case involves search royal machine tool appeals affirmed district finding search calandra business seizure property unlawful although government agree finding sought review issue addition government challenged district order directing return illegally seized property calandra discussion history role grand jury see costello blair hale henkel blackstone commentaries et seq edwards grand jury pollock maitland history english law ed holdsworth history english law rev ed grand jury subject supervision several respects see brown fed rules crim proc orfield criminal procedure federal rules pp particular grand jury must rely compel production books papers documents testimony witnesses may quash modify subpoena motion compliance unreasonable oppressive fed rule crim proc disagreement practical efficacy exclusionary rule noted elkins relevant mpirical statistics available cf oaks studying exclusionary rule search seizure chi rev occasion present case consider extent rule efficacy criminal trials holding respondent standing invoke exclusionary rule grand jury proceeding appeals relied fed rule crim proc rule provides relevant part person aggrieved unlawful search seizure may move district return property suppress use evidence anything obtained motion shall made trial hearing recognized rule broader constitutional rule alderman jones rule therefore constitute statutory expansion exclusionary rule appeals also found government offer immunity irrelevant respondent standing invoke exclusionary rule agree determination reasons stated parts iii iv opinion force argument well illustrated facts present case date decision almost two years elapsed since respondent summoned appear testify grand jury respondent testimony vital grand jury investigation august extortionate credit transactions possible particular investigation completely frustrated respondent relies primarily silverthorne lumber dissent contends plainly controls case post case federal officers unlawfully seized certain documents belonging silverthornes lumber company presented grand jury already indicted silverthornes company district ordered return documents impounded photographs copies originals later prosecutor caused grand jury issue subpoenas duces tecum silverthornes company produce originals refusal comply led contempt citation reversing judgment held subpoenas invalid based knowledge obtained illegally seized evidence citing weeks justice holmes writing stated essence provision forbidding acquisition evidence certain way merely evidence acquired shall used shall used silverthorne distinguishable present case several significant respects plaintiffs error previously indicted grand jury thus invoke exclusionary rule basis status criminal defendants moreover government interest recapturing original documents founded belief might useful criminal prosecution already authorized grand jury appear grand jury needed documents perform investigative accusatorial functions thus primary consequence decision exclude evidence subsequent criminal trial finally prior issuance grand jury subpoenas judicial determination search seizure illegal claim plaintiffs error raised first time motion suppress requiring interruption grand jury proceedings contrast instant case respondent indicted grand jury criminal defendant traditional principles standing invoke exclusionary rule effect district order deprive grand jury testimony needed conduct investigation furthermore respondent motion suppress previously made required interruption grand jury proceedings circumstances silverthorne certainly controlling extent broad dictum might construed suggest different result present case note substantially undermined later cases see parts iii iv opinion oral argument counsel respondent stated contention follows submit question asked respondent grand jury question asked past violation fourth amendment amounts new immediate violation fourth amendment question derived past violation question privacy witness amounts another intrusion violation fourth amendment tr oral arg efusing answer question question conceivably derived past violation fourth amendment gives rise additional new fourth amendment right resist answering question question becomes additional intrusion tr oral arg noted even absent exclusionary rule grand jury witness may remedies redress injury privacy prevent invasion future may entitled maintain cause action damages officers conducted unlawful search bivens six unknown fed narcotics agents may also seek return illegally seized property exclusion property fruits used evidence criminal trial importing circumstances say witness necessarily left remediless face unlawful search seizure dissent reliance gelbard misplaced construed evidentiary prohibition tit iii omnibus crime control safe streets act stat amended held invoked grand jury witness defense contempt charge brought refusal answer questions based information obtained witness communications alleged unlawfully intercepted wiretapping electronic surveillance holding rested exclusively interpretation tit iii represented congressional effort afford special safeguards unique problems posed misuse wiretapping electronic surveillance indication either gelbard legislative history tit iii regarded restatement existing law respect grand jury proceedings justice white noted concurring opinion gelbard tit iii unquestionably works change law respect rights grand jury witnesses dissent also voices concern today decision betray imperative judicial integrity sanction illegal government conduct even imperil foundation people trust government post basis alarm illegal conduct hardly sanctioned foundations republic imperiled declining make unprecedented extension exclusionary rule grand jury proceedings rule objectives effectively served important historic values unduly prejudiced cf alderman linkletter walker cases cited supra justice brennan justice douglas justice marshall join dissenting holds exclusionary rule cases apply grand jury proceedings principal objective rule deter future unlawful police conduct ante unrealistic assume application rule grand jury proceedings significantly goal ante downgrading exclusionary rule determination whether application particular type proceeding furthers deterrence future police misconduct reflects startling misconception unless purposeful rejection historical objective purpose rule commands fourth amendment course directed solely public officials necessarily therefore official violations commands created evil threatened make amendment dead letter curtailment evil consideration best effect exclusionary rule ultimate objective indeed evidence possible deterrent effect rule given attention judges chiefly responsible formulation concern guardians bill rights fashion enforcement tool give content meaning fourth amendment guarantees thus bore james madison prediction address first congress june rights incorporated constitution independent tribunals justice consider peculiar manner guardians rights impenetrable bulwark every assumption power legislative executive naturally led resist every encroachment upon rights expressly stipulated constitution declaration rights annals cong considerations rule possible deterrent effect uppermost minds framers rule clearly emerges decision fashioned effect fourth amendment put courts federal officials exercise power authority limitations restraints exercise power authority forever secure people persons houses papers effects unreasonable searches seizures guise law tendency execute criminal laws country obtain conviction means unlawful seizures find sanction judgments courts charged times support constitution people conditions right appeal maintenance fundamental rights protection equally extended action government officers law acting sanction proceedings affirm judicial decision manifest neglect open defiance prohibitions constitution intended protection people unauthorized action weeks emphasis added government laws existence government imperilled fails observe law scrupulously government potent omnipresent teacher good ill teaches whole people example crime contagious government becomes breeds contempt law invites every man become law unto invites anarchy must consider two objects desire make minds choose desirable criminals detected end available evidence used also desirable government foster pay crimes means evidence obtained choose part think less evil criminals escape government play ignoble part existing code permit district attorneys hand dirty business permit judge allow iniquities succeed rule also serves another vital function imperative judicial integrity elkins courts sit constitution made party lawless invasions constitutional rights citizens permitting unhindered governmental use fruits invasions thus seriously errs describing exclusionary rule merely judicially created remedy designed safeguard fourth amendment rights generally deterrent effect ante rather exclusionary rule part parcel fourth amendment limitation upon governmental encroachment individual privacy mapp ohio supra essential part fourth fourteenth amendments gives individual constitution guarantees police officer less honest law enforcement entitled courts judicial integrity necessary true administration justice mapp summation crystallizes series decisions developed rule today holding plainly war first time today discounts point extinction vital function rule insure judiciary avoid even slightest appearance sanctioning illegal government conduct rejection imperative judicial integrity elkins openly invites conviction government staffed hypocrites conviction easy instill difficult erase paulsen exclusionary rule misconduct police crim judges appear become accomplices willful disobedience constitution sworn uphold elkins supra imperil foundation people trust government democracy rests see lee frankfurter dissenting exclusionary rule needed make fourth amendment something real guarantee carry exclusion evidence obtained violation chimera moreover nsistence observance law officers traditional fair procedural requirements long point view best calculated contribute end however much particular case insistence upon rules may appear technicality inures benefit guilty person history criminal law proves tolerance shortcut methods law enforcement impairs enduring effectiveness miller silverthorne plainly controls case respondent like plaintiffs error silverthorne seeks avoid furnishing grand jury evidence called upon supply unlawful search seizure distinguish silverthorne ground plaintiffs error indicted invoke exclusionary rule basis status criminal defendants since government effort obtain documents founded belief might useful criminal prosecution already authorized grand jury ante effort clearly founded belief overlooked fact grand jury interest obtaining documents silverthorne may well secure information leading criminal charges especially since indictments three individuals well additional indictments silverthornes consequence initial submission documents grand jury see brief behalf plaintiffs error pp silverthorne overruled precedential force compel affirmance denied congressional concern silverthorne holding clearly evidenced enactment providing henever wire oral communication intercepted part contents communication evidence derived therefrom may received evidence proceeding grand jury disclosure information violation chapter emphasis added gelbard set aside adjudication criminal contempt grand jury witness refused comply order testify ground interrogation based upon information obtained witness communications allegedly intercepted federal agents means illegal wiretapping electronic surveillance reasons track grounds advanced silverthorne purposes title iii whole subverted plain command ignored victim illegal interception called witness grand jury asked questions based upon interception moreover serves protect privacy communications also ensure courts become partners illegal conduct evidentiary prohibition enacted also protect integrity administrative proceedings consequently order grand jury witness pain imprisonment disclose evidence bars unequivocal terms thwart congressional objective protecting individual privacy excluding evidence entangle courts illegal acts government agents footnotes omitted answer suggest grand jury witnesses fourth amendment rights sufficiently protected inadmissibility illegally seized evidence subsequent criminal prosecution search victim ante course alternative calandra since granted transactional immunity criminally prosecuted fundamental flaw alternative compel calandra testify first place penalty contempt necessarily thwarts fourth amendment protection entangle courts illegal acts government agents consequences silverthorne condemned intolerable sure exclusionary rule provide illegally seized evidence inadmissible anyone purpose alderman clearly crucial distinction withholding cover individuals whose fourth amendment rights violated done standing cases alderman supra jones withdrawing cover persons whose fourth amendment rights fact abridged respondent seek vicariously assert another fourth amendment rights victim illegal search desires mend one privacy gelbard supra douglas concurring respondent told must look damages redress concededly unconstitutional invasion privacy words officialdom may profit lawlessness willing pay price mapp thought close courtroom door remaining open evidence secured official lawlessness violation fourth amendment rights door ajar consequence left uneasy feeling today decision may signal majority colleagues positioned reopen door still abandon altogether exclusionary rule cases surely believe application exclusionary rule trial furthers goal deterrence application grand jury proceedings significantly unless shut eyes evidence crosses desks every day must concede official lawlessness abated empirical data distinguishes trials grand jury proceedings thus fear next confront case conviction rested illegally seized evidence today decision invoked sustain conclusion case also unrealistic assume application rule trial significantly goal deterrence though police presently undeterred difficult see removal sanction exclusion induce lawful official conduct exclusionary rule gave life madison prediction independent tribunals justice naturally led resist every encroachment upon rights expressly stipulated constitution declaration rights annals cong betray trust upon prediction rested today long step toward abandonment exclusionary rule observations recent commentator highlight grievous error majority retreat constitutional rights anything pious pronouncements measurable consequence must attached violation intolerable guarantee unreasonable search seizure violated without practical consequence likewise imperative practical procedure courts review alleged violations constitutional rights articulate meaning rights advantage exclusionary rule entirely apart direct deterrent effect provides occasion judicial review gives credibility constitutional guarantees demonstrating society attach serious consequences violation constitutional rights exclusionary rule invokes magnifies moral educative force law long term may integrate fourth amendment ideals value system norms behavior law enforcement agencies oaks studying exclusionary rule search seizure chi rev dissent affirm judgment appeals neither silverthorne lumber corporation see hale henkel respondent granted transactional immunity invoke privilege situations therefore completely comparable also argues silverthorne claim raised first time motion suppress requiring interruption grand jury proceedings ante therefore presumably assertion occasioned delay however district silverthorne granted earlier application return seized documents grand jury determining obtained violation fourth amendment made intimation district acted improperly considering initial application