bivens six unknown fed narcotics agents argued january decided june petitioner complaint alleged respondent agents federal bureau narcotics acting color federal authority made warrantless entry apartment searched apartment arrested narcotics charges acts alleged done without probable cause petitioner suit recover damages agents dismissed district alternative grounds failed state federal cause action respondents immune suit virtue official position appeals affirmed first ground alone held petitioner complaint federal cause action fourth amendment damages recoverable upon proof injuries resulting federal agents violation amendment pp reach immunity question passed appeals pp brennan delivered opinion douglas stewart white marshall joined harlan filed opinion concurring judgment post burger post black post blackmun post filed dissenting opinions stephen grant argued cause filed brief petitioner jerome feit argued cause respondents brief solicitor general griswold assistant attorney general ruckelshaus robert zener melvin wulf filed brief american civil liberties union amicus curiae urging reversal justice brennan delivered opinion fourth amendment provides right people secure persons houses papers effects unreasonable searches seizures shall violated case origin arrest search carried morning november petitioner complaint alleged day respondents agents federal bureau narcotics acting claim federal authority entered apartment arrested alleged narcotics violations agents manacled petitioner front wife children threatened arrest entire family searched apartment stem stern thereafter petitioner taken federal courthouse brooklyn interrogated booked subjected visual strip search july petitioner brought suit federal district addition allegations complaint asserted arrest search effected without warrant unreasonable force employed making arrest fairly read alleges well arrest made without probable cause petitioner claimed suffered great humiliation embarrassment mental suffering result agents unlawful conduct sought damages district respondents motion dismissed complaint ground inter alia failed state cause action supp edny appeals one judge concurring specially affirmed basis granted certiorari reverse respondents argue petitioner entirely without remedy unconstitutional invasion rights federal agents respondents view however rights petitioner asserts primarily rights privacy creations state federal law accordingly argue petitioner may obtain money damages redress invasion rights action tort state law state courts scheme fourth amendment serve merely limit extent agents defend state law tort suit asserting actions valid exercise federal power agents shown violated fourth amendment defense lost stand state law merely private individuals candidly admitting policy department justice remove suits state federal courts decision respondents nevertheless urge uphold dismissal petitioner complaint federal remit filing action state courts order case may properly removed federal decision basis state law think respondents thesis rests upon unduly restrictive view fourth amendment protection unreasonable searches seizures federal agents view consistently rejected respondents seek treat relationship citizen federal agent unconstitutionally exercising authority different relationship two private citizens ignore fact power granted disappear like magic gift wrongfully used agent acting albeit unconstitutionally name possesses far greater capacity harm individual trespasser exercising authority cf amos classic accordingly cases make clear fourth amendment operates limitation upon exercise federal power regardless whether state whose jurisdiction power exercised prohibit penalize identical act engaged private citizen guarantees citizens absolute right free unreasonable searches seizures carried virtue federal authority federally protected rights invaded rule beginning courts alert adjust remedies grant necessary relief bell hood omitted see bemis bros bag cardozo western maid holmes first cases long since rejected notion fourth amendment proscribes conduct engaged private persons condemned state law thus gambino petitioners convicted conspiracy violate national prohibition act basis evidence seized state police officers incident petitioners arrest officers solely purpose enforcing federal law notwithstanding lack probable cause arrest permissible state law effected private individuals appears moreover officers direction governor aid enforcement federal law accordingly fourth amendment reached conduct impermissible law state amendment application case yet held fourth amendment applicable reversed petitioners convictions based upon evidence obtained unconstitutional search seizure similarly byars petitioner convicted basis evidence seized warrant issued without probable cause fourth amendment state judge state law offense invitation state law enforcement officers federal prohibition agent participated search explicitly refused inquire whether warrant good state law since event constitute basis federal search seizure emphasis added recent decisions regarding electronic surveillance made clear beyond peradventure fourth amendment tied niceties local trespass laws katz berger new york silverman light cases respondents argument fourth amendment serves limitation federal defenses state law claim independent limitation upon exercise federal power must rejected second interests protected state laws regulating trespass invasion privacy protected fourth amendment guarantee unreasonable searches seizures may inconsistent even hostile thus may bar door unwelcome private intruder call police persists seeking entrance availability alternative means protection privacy may lead state restrict imposition liability consequent trespass private citizen asserting authority normally liable trespass demands granted admission another house see prosser law torts pp ed harper james law torts one demands admission claim federal authority stands far different position cf amos mere invocation federal power federal law enforcement official normally render futile attempt resist unlawful entry arrest resort local police claim authority enter likely unlock door well see weeks amos supra cases safety citizen except protection judicial tribunals rights invaded officers government professing act name remains alternative resistance may amount crime lee adequate answer state law may take account different status one clothed authority federal government state law may authorize federal agents violate fourth amendment byars supra weeks supra ayers neither may state law undertake limit extent federal authority exercised neagle inevitable consequence dual limitation state power federal question becomes merely possible defense state law action independent claim necessary sufficient make plaintiff cause action cf boilermakers hardeman third damages may obtained injuries consequent upon violation fourth amendment federal officials hardly seem surprising proposition historically damages regarded ordinary remedy invasion personal interests liberty see nixon condon nixon herndon swafford templeton wiley sinkler landynski search seizure et seq lasson history development fourth amendment constitution et seq katz jurisprudence remedies constitutional legality law torts bell hood rev cf west cabell lammon feusier course fourth amendment many words provide enforcement award money damages consequences violation well settled legal rights invaded federal statute provides general right sue invasion federal courts may use available remedy make good wrong done bell hood omitted present case involves special factors counselling hesitation absence affirmative action congress dealing question federal fiscal policy standard oil case refused infer relationship recover damages one negligently injured soldier thereby caused government pay medical expenses lose services course hospitalization noting congress normally quite solicitous federal purse involved pointed party plaintiff suit power time create liability see gilman asked case impose liability upon congressional employee actions contrary constitutional prohibition merely said excess authority delegated congress wheeldin wheeler finally accept respondents formulation question whether availability money damages necessary enforce fourth amendment explicit congressional declaration persons injured federal officer violation fourth amendment may recover money damages agents must instead remitted another remedy equally effective view congress question merely whether petitioner demonstrate injury consequent upon violation federal agents fourth amendment rights entitled redress injury particular remedial mechanism normally available federal courts cf case borak jacobs essence civil liberty certainly consists right every individual claim protection laws whenever receives injury marbury madison cranch concluded petitioner complaint cause action fourth amendment supra hold petitioner entitled recover money damages injuries suffered result agents violation amendment ii addition holding petitioner complaint failed state facts making cause action district ruled event respondents immune liability virtue official position question passed upon appeals accordingly consider judgment appeals reversed case remanded proceedings consistent opinion ordered footnotes agents named petitioner complaint district ordered complaint served upon federal agents indicated records attorney participated november arrest petitioner app five agents ultimately served judge waterman concurring expressed thought federal courts entertain cause action irrespective whether statute exists specifically authorizing federal suit federal officers damages acts alleged view however critical point recognition cause action existed albeit one consequence willing concur holding appeals emphasis original ince present policy department justice remove federal courts suits state courts federal officers trespass false imprisonment claim relief whether based state common law directly fourth amendment ultimately heard federal brief respondents citations omitted see willingham morgan light difficult understand brother blackmun complaint holding today opens door another avalanche new federal cases post estimating magnitude avalanche worth noting survey comparable actions state officers found reported cases years survived motion dismiss ginger bell police misconduct litigation plaintiff remedies jur trials increasing figure allow increases rate unreported cases every federal district judge expect try one case every years new york time followed rule private person may arrest another latter fact committed felony case presence absence probable cause irrelevant legality arrest see mcloughlin new york edison cf code crim proc codification rule conspiracy commit federal crime time felony act march stat conversely instances rejected fourth amendment claims despite facts demonstrating federal agents acting violation local law mcguire trespass ab initio hester open fields doctrine cf burdeau mcdowell possession stolen property similarly although fourth amendment confines officer executing search warrant strictly within bounds set warrant marron see stanley georgia stewart concurring result private individual lawfully home another normally liable trespass beyond bounds invitation absent clear notice effect see harper james law torts although state undertaken limit doctrine one may use reasonable force resist unlawful arrest private person least two outlawed resistance unlawful arrest sought made person known officer law laws state koonce super justice harlan concurring judgment initial view case appeals correct dismissing complaint reasons stated opinion persuaded contrary accordingly join judgment reversal petitioner alleged suit district eastern district new york defendants federal agents acting color federal law subjected search seizure contravening requirements fourth amendment sought damages amount agents federal jurisdiction claimed inter alia provides district courts shall original jurisdiction civil actions wherein matter controversy exceeds sum value exclusive interest costs arises constitution laws treaties concluding chief judge lumbard opinion reasoned essence framers fourth amendment appear contemplate wholly new federal cause action founded directly fourth amendment federal courts power general grant jurisdiction imply federal remedy enforcement constitutional right absence alternative remedies renders constitutional command mere form words government takes essentially position brief respondents two members add contention lack constitutional power accord bivens remedy damages absence congressional action creating federal cause action damages unreasonable search violation fourth amendment opinion justice black post see also opinion chief justice post reasons set forth opinion federal courts power award damages violation constitutionally protected interests agree traditional judicial remedy damages appropriate vindication personal interests protected fourth amendment turn first contention constitutional power federal courts accord bivens damages claim depends passage statute creating federal cause action although point entirely free ambiguity understand either government dissenting brothers maintain bivens contention entitled free type official conduct prohibited fourth amendment depends decision state resides accord remedy position incompatible presumed availability federal equitable relief proper showing made terms ordinary principles governing equitable remedies see bell hood however broad federal discretion concerning equitable remedies absolutely clear least erie tompkins nondiversity suit federal power grant even equitable relief depends presence substantive right derived federal law compare guaranty trust york holmberg armbrecht see also hart wechsler federal courts federal system thus interest bivens claims free official conduct contravention fourth amendment federally protected interest see generally katz jurisprudence remedies constitutional legality law torts bell hood rev therefore question judicial power grant bivens damages problem source right instead question whether power authorize damages judicial remedy vindication federal constitutional right placed constitution exclusively congress hands ii contention federal courts powerless accord litigant damages claimed invasion federal constitutional rights congress explicitly authorizes remedy rest notion decision grant compensatory relief involves resolution policy considerations susceptible judicial discernment thus suits damages based violations federal statutes lacking express authorization damage remedy authorized relief view damages necessary effectuate congressional policy underpinning substantive provisions statute case borak tunstall brotherhood locomotive firemen enginemen cf wyandotte transportation nature remedy thought render judgment appropriateness damages inherently legislative must nature legal interest offered occasion invoking otherwise appropriate judicial relief think fact interest protected constitution rather statute common law justifies assertion federal courts powerless grant damages absence explicit congressional action authorizing remedy initially note least anomalous conclude federal judiciary competent choose among range traditional judicial remedies implement statutory policies even generate substantive rules governing primary behavior furtherance broadly formulated policies articulated statute constitution see textile workers lincoln mills standard oil clearfield trust powerless accord damages remedy vindicate social policies virtue inclusion constitution aimed predominantly restraining government instrument popular importantly presumed availability federal equitable relief threatened invasions constitutional interests appears entirely negate contention status interest constitutionally protected divests federal courts power grant damages absent express congressional authorization congress provided specially exercise equitable remedial powers federal courts see act may stat wright law federal courts part limited availability equitable remedies state courts early days republic see guaranty trust york decisions make clear least absent congressional restrictions scope equitable remedial discretion determined according distinctive historical traditions equity institution holmberg armbrecht sprague ticonic national bank reach federal district inherent equitable powers textile workers lincoln mills burton concurring result broad indeed swann board education nonetheless federal judiciary empowered grant equitable relief absence congressional action extending jurisdiction subject matter suit see textile workers lincoln mills supra burton concurring result katz explicit congressional authorization absolute prerequisite power federal accord compensatory relief regardless necessity appropriateness damages remedy simply status legal interest constitutionally protected seems explicit congressional authorization similarly prerequisite exercise equitable remedial discretion favor constitutionally protected interests conversely general grant jurisdiction federal courts congress thought adequate empower federal grant equitable relief areas jurisdiction enumerated therein see seems statute sufficient empower federal grant traditional remedy law course special historical traditions governing federal equity system see sprague ticonic national bank might still bear comparative appropriateness granting equitable relief opposed money damages possibility however relates whether federal courts power afford one type remedy opposed rather criteria govern exercise power question pass iii major thrust government position congress expressly authorized particular remedy federal exercise power accord traditional form judicial relief behest litigant claims constitutionally protected interest invaded remedy essential indispensable vindicating constitutional rights brief respondents essentiality test clearly articulated respect damages remedies apparently government believes test explains exercise equitable remedial powers argued historically rarely exercised power accord relief absence express congressional authorization congress thought federal officers subject law different state law difficulty saying respect state officers see although conceding standard determining whether damage remedy utilized effectuate statutory policies one necessity appropriateness see case borak standard oil government contends questions concerning congressional discretion modify judicial remedies relating constitutionally protected interests warrant stringent constraint exercise judicial power respect class legally protected interests brief respondents arguments stringent test govern grant damages constitutional cases seem adequately answered point judiciary particular responsibility assure vindication constitutional interests embraced fourth amendment sure must remembered legislatures ultimate guardians liberties welfare people quite great degree courts missouri kansas texas may must also recognized bill rights particularly intended vindicate interests individual face popular expressed legislative majorities least strikes appropriate await express congressional authorization traditional judicial relief regard legal interests respect interests protected federal statutes question see whether compensatory relief necessary appropriate vindication interest asserted cf case borak supra standard oil supra hill constitutional remedies rev katz resolving question seems range policy considerations may take account least broad range legislature consider respect express statutory authorization traditional remedy regard agree appropriateness according bivens compensatory relief turn simply deterrent effect liability federal official conduct damages traditional form compensation invasion legally protected interest may entirely appropriate even substantial deterrent effects future official lawlessness might thought result bivens invoked judicial processes claiming entitlement compensation injuries resulting allegedly lawless official behavior injuries properly compensable money damages think law vested power accord remedy deny relief simply show future lawless conduct thereby deterred think clear bivens advances claim sort proved properly compensable damages personal interests protected fourth amendment attempt capture notion privacy today properly points type harm officials inflict invade protected zones individual life different types harm private citizens inflict one another experience judges dealing private trespass false imprisonment claims supports conclusion courts law capable making types judgment concerning causation magnitude injury necessary accord meaningful compensation invasion fourth amendment rights hand limitations state remedies violation rights private citizens argue favor federal damages remedy injuries inflicted officials acting color law less compensable damages inflicted private parties substantially different kind opinion today discusses detail see monroe pape harlan concurring seems entirely proper injuries compensable according uniform rules federal law especially light large element federal law must event control scope official defenses liability see wheeldin wheeler monroe pape supra harlan concurring howard lyons certainly little gained standpoint federalism preserving different rules liability federal officers dependent state injury occurs cf standard oil putting aside desirability leaving problem federal official liability vagaries actions apparent form damages possible remedy someone bivens alleged position rare case indeed individual bivens position able obviate harm securing injunctive relief however desirable direct remedy government might substitute individual official liability sovereign still remains immune suit finally assuming bivens innocence crime charged exclusionary rule simply irrelevant people bivens shoes damages nothing substantial policy consideration advanced recognition federal cause action violation fourth amendment rights federal officials incremental expenditure judicial resources necessitated class litigation however something ultimately argument government contends damages rarely realized plaintiffs cases jury hostility limited resources official concerned ready assume significant increase expenditure judicial resources claims responsible lawyers plaintiffs likely choose course litigation statistical chances success truly de minimis simply agree brother black possibility frivolous claims defined simply claims legal merit warrants closing courthouse doors people bivens situation ways short coping frivolous lawsuits hand believe case respect least flagrant abuses official power damages degree available option litigation chosen question appears fourth amendment interests rank scale social values compared example interests stockholders defrauded misleading proxies see case borak supra judicial resources well aware increasingly scarce days nonetheless automatically close courthouse door solely basis implicitly express value judgment comparative importance classes legally protected interests current limitations upon effective functioning courts arising budgetary inadequacies permitted stand way recognition otherwise sound constitutional principles course variety reasons remedy may often sought see generally foote tort remedies police violations individual rights rev countervailing interests efficient law enforcement course argue protective zone respect many types fourth amendment violations cf barr matteo opinion harlan express view immunity defense offered instant case deem proper venture thought least remedy available flagrant patently unjustified sorts police conduct although litigants may often choose seek relief important civilized society judicial branch nation government stand ready afford remedy circumstances goes without saying intimate view merits petitioner underlying claim reasons concur judgment petitioner also asserted federal jurisdiction neither support federal jurisdiction claim see bivens six unknown named agents see infra government appears quite ready concede point certain points government argument seem suggest right federal defense model reaches question power accord federal damages remedy also claim judicial remedy thus pointed lasson observation concerning madison version fourth amendment introduced house observation may made language proposal purport create right secure unreasonable search seizures merely stated right already existed point choice phraseology fourth amendment singularly unpersuasive leading argument bill rights fear individual liberties specified expressly taken excluded see generally lasson supra circumstance alone might well explain authors bill rights opt language presumes existence fundamental interest liberty albeit originally derived common law see entick carrington tr eng truth legislative record whole behind bill rights silent rather refined doctrinal question whether framers considered rights therein enumerated dependent first instance decision state accord legal status personal interests stake understandable since government points general jurisdiction extended federal district courts act march stat drawn historical fact authors bill rights assumed adequacy remedies vindicate federally protected interest one must first combine assumption contemporary modes jurisprudential thought appeared link rights remedies correlation cf marbury madison cranch reaching conclusion framers understood today created federally protected interests course simply require conclusion federal equitable relief lie protect interests guarded fourth amendment professor hart observations concerning imperceptible steps ayers ex parte young see hart supra fail persuade source legal interest asserted federal constitution ayers concerned precise question whether eleventh amendment barred suit federal injunction compelling state officer perform contract state party concluded suit inescapably suit state eleventh amendment spoke presence rights distinguishing factor supporting exercise federal jurisdiction contract clause cases absence right ayers served distinguish case perspective state immunity suit ayers simply speak analytically distinct question whether constitution relevant sense source legal protection rights enumerated therein borak case especially clear example exercise federal judicial power accord damages appropriate remedy absence express statutory authorization federal cause action implied characterized exclusively procedural provision affording access federal forum cf textile workers lincoln mills frankfurter dissenting private cause action damages violation securities exchange act stat see stat area federal regulation singularly comprehensive elaborate administrative enforcement machinery provided exercise judicial power involved borak simply justified terms statutory construction see hill constitutional remedies rev borak purport see borak supra notion implying remedy therefore applied cases like borak refer process whereby federal judiciary exercises choice among traditionally available judicial remedies according reasons related substantive social policy embodied act positive law see bell hood supra regard authority grant equitable remedy line subject matter jurisdiction remedial powers undoubtedly obscured fact historically system equity derived doctrines well powers mode giving relief see guaranty trust york supra quoting langdell summary equity pleading xxvii perhaps fact alone accounts suggestion sometimes made power enjoin invasion constitutionally protected interests derives directly constitution see bell hood supp sd cal chief judge lumbard opinion appeals instant case noted accord conclusion thus even constitution give rise inherent injunctive power prevent violation governmental officials strong reasons inferring existence power general grant jurisdiction federal courts congress express view government suggestion congressional authority simply discard remedy today authorizes might doubt understand opinion today express view particular question think follows point today decision little indeed bearing question whether federal may properly devise remedies traditionally available forms judicial relief purpose enforcing substantive social policies embodied constitutional statutory policies compare today decision mapp ohio weeks today simply recognizes long implicit decisions concerning equitable relief remedies implied statutory schemes law vested jurisdiction subject matter suit power therefore duty make principled choices among traditional judicial remedies whether special prophylactic measures least arguably exclusionary rule exemplifies see hill bill rights supervisory power rev supportable grounds competence select among traditional judicial remedies make good wrong done cf bell hood supra separate question course may true respect types constitutionally protected interests therefore appropriateness money damages may well vary nature personal interest asserted see monroe pape harlan concurring chief justice burger dissenting dissent today holding judicially creates damage remedy provided constitution enacted congress surely preserve important values doctrine separation powers perhaps get better result recommending solution congress branch government constitution vested legislative power legislation business congress facilities competence task professor thayer speaking limits judicial power albeit another context say true holders legislative power careless evil yet constitutional duty remains untouched rightly attempt protect people undertaking function hand adhering rigidly duty help nothing else fix spot responsibility lies bring precise locality thunderbolt popular condemnation course true course judicial duty always powerfully help bring people representatives sense responsibility deterrence theory underlying suppression doctrine exclusionary rule certain appeal spite high price society pays drastic remedy notwithstanding plausibility many judges lawyers distinguished legal scholars never quite able escape force cardozo statement doctrine anomalous result criminal go free constable blundered room searched law body murdered man found privacy home infringed murderer goes free people defore rejection evidence nothing punish official may likely release defendant deprives society remedy one lawbreaker pursued another protects one incriminating evidence discovered nothing protect innocent persons victims illegal fruitless searches exclusionary rule also justified theory relationship clause fifth amendment fourth amendment requires suppression evidence seized violation latter boyd supra dictum wolf colorado rutledge dissenting mapp ohio supra black concurring even ignoring however decisions held fifth amendment applies testimonial disclosures wade schmerber california seems clear clause protect person seizure evidence incriminating protects person conduit police acquire evidence justice holmes put succinctly party privileged producing evidence production johnson clear however neither theories undergirds decided cases rather exclusionary rule rested deterrent rationale hope law enforcement officials deterred unlawful searches seizures illegally seized albeit trustworthy evidence suppressed often enough courts persistently enough deprived benefits might gained illegal conduct evidentiary rule unique american jurisprudence although english canadian legal systems highly regarded neither adopted rule see martin exclusionary rule foreign law canada crim williams exclusionary rule foreign law england crim question need remedy give meaning teeth constitutional guarantees unlawful conduct government officials without effective sanction protections constitute little rhetoric beyond doubt conduct officials requires sanctions cases like irvine indicate hope objective accomplished exclusion reliable evidence criminal trials hardly wistful dream although hesitate abandon meaningful substitute developed history suppression doctrine demonstrates conceptually sterile practically ineffective accomplishing stated objective illustrated paradox unlawful act totally innocent person petitioner claims left without effective remedy hence finds necessary years later construct remedy clear demonstration benefits effectiveness exclusionary rule required justify view high price extracts society release countless guilty criminals see allen federalism fourth amendment requiem wolf sup rev empirical evidence support claim rule actually deters illegal conduct law enforcement officials oaks studying exclusionary rule search seizure chi rev several reasons failure rule apply direct sanction individual official whose illegal conduct results exclusion evidence criminal trial rare exceptions law enforcement agencies impose direct sanctions individual officer responsible particular judicial application suppression doctrine thus virtually nothing done bring change practices immediate sanction triggered application rule visited upon prosecutor whose case criminal either weakened destroyed doctrine deprives police real sense except apprehending wrongdoers business police stake successful prosecutions prosecutors public suppression doctrine vaguely assumes law enforcement monolithic governmental enterprise example dissenters wolf colorado supra argued exclusion impress upon zealous prosecutor violation constitution good point driven home prosecutor expected emphasize importance observing constitutional demands instructions police emphasis added whatever educational effect rule conceivably might theory greatly diminished fact realities law enforcement work policemen time inclination training read grasp nuances appellate opinions ultimately define standards conduct follow issues decisions resolve often admit neither easy obvious answers sharply divided courts reasonable amply demonstrate judges candor forget opinions sometimes lack helpful clarity presumed educational effect judicial opinions also reduced long time lapse often several years original police action final judicial evaluation given policeman pressing responsibilities surprising ever becomes aware final result delay finally exclusionary rule deterrent impact diluted fact large areas police activity result criminal prosecutions hence rule virtually applicability effect situations oaks supra today holding seeks fill one gaps suppression doctrine price impinging legislative policy functions constitution vests congress nevertheless holding serves useful purpose exposing fundamental weaknesses suppression doctrine suppressing unchallenged truth set guilty criminals free demonstrably neither deterred deliberate violations fourth amendment decreased errors judgment inevitably occur given pressures inherent police work serious crimes although unfortunately ineffective exclusionary rule increasingly characterized single monolithic drastic judicial response official violations legal norms inadvertent errors judgment work grave injustice inevitably occur pressure police work honest mistakes treated way deliberate flagrant violations fourth amendment example miller reliable evidence suppressed police officer failure say words arrest search known narcotics peddler decision announced today coolidge new hampshire post dramatically illustrates extent doctrine represents mechanically inflexible response widely varying degrees police error resulting high price society pays dissented coolidge primarily believe fourth amendment violated even contrary premise however whatever violation occurred surely insufficient nature extent justify drastic result dictated suppression doctrine fair trial jury resolved doubts coolidge guilt conviction retrial placed serious question remand new trial years crime evidence new hampshire courts found relevant reliable withheld jury consideration hardly surprising results viewed incomprehension nonlawyers country lawyers judges legal scholars world freeing either tiger mouse schoolroom illegal act rational person suggest two acts punished way time time judges occasion pass regulations governing police procedures wonder judicial response police order authorizing shoot kill respect every fugitive easy predict collective wrath outrage common rational minds say police response must relate gravity need shoot order might conceivably tolerable prevent escape convicted killer surely car thief pickpocket shoplifter submit society least much right expect rationally graded responses judges place universal capital punishment inflict evidence police error shown acquisition see ali model code procedure ss tent draft reprinted appendix opinion yet years increasing scope intensity today coolidge holding shows legal system treated vastly dissimilar cases adherence exclusionary rule resistance change refusal even acknowledge need effective enforcement mechanisms bring mind holmes statement revolting better reason rule law laid time henry iv still revolting grounds upon laid vanished long since rule simply persists blind imitation past holmes path law harv rev instead continuing enforce suppression doctrine inflexibly rigidly mechanically view one experimental steps great tradition common law acknowledge shortcomings spirit prepared discontinue experience half century shown neither deters errant officers affords remedy totally innocent victims official misconduct propose however abandon suppression doctrine meaningful alternative developed sense legal system become captive creation overrule weeks mapp even assuming prepared take step raise yet new problems obviously public interest poorly served law enforcement officials suddenly gain impression however erroneous constitutional restraints police somehow removed open season criminals declared concerned lest mistaken impression might fostered flat overruling suppression doctrine cases years relied upon exclusive remedy unlawful official conduct sense situation akin narcotics addict whose dependence drugs precludes drastic immediate withdrawal supposed prop regardless futile continued use may reasonable effective substitutes formulated congress take lead example federal tort claims act see insuperable obstacle elimination suppression doctrine congress provide meaningful effective remedy unlawful conduct government officials problems error deliberate misconduct law enforcement officials call workable remedy private damage actions individual police officers concededly adequately met requirement fallacious assume today work creating remedy really accomplish stated objective validity claims juries return verdicts individual officers except unusual cases violation flagrant error complete arrest wrong person search wrong house surely serious doubt example drug peddler caught packaging wares able arouse much sympathy jury ground police officer announce identity purpose fully failed utter words see miller supra jurors may well refuse penalize police officer behest person believe criminal probably punish officer honest errors judgment event actual recovery depends finding nonexempt assets police officer judgment satisfied conclude therefore entirely different remedy necessary one view much beyond judicial power step takes today congress develop administrative quasijudicial remedy government afford compensation restitution persons whose fourth amendment rights violated venerable doctrine respondeat superior tort law provides entirely appropriate conceptual basis remedy example security guard privately employed department store commits assault tort customer improper search victim simple obvious remedy action money damages guard employer department store prosser law torts pp ed statutory scheme added advantage providing remedy completely innocent persons sometimes victims illegal police conduct something suppression doctrine course never accomplish simple structure suffice example congress enact statute along following lines waiver sovereign immunity illegal acts law enforcement officials committed performance assigned duties creation cause action damages sustained person aggrieved conduct governmental agents violation fourth amendment statutes regulating official conduct creation tribunal nature perhaps patterned claims adjudicate claims statute provision statutory remedy lieu exclusion evidence secured use criminal cases violation fourth amendment provision directing evidence otherwise admissible shall excluded criminal proceeding violation fourth amendment doubt lawyers serving tribunal swayed either undue sympathy officers prejudice criminals sometimes moved lay jurors deny claims addition awarding damages record police conduct condemned undoubtedly become relevant part officer personnel file need additional training disciplinary action identified future usefulness public official evaluated finally appellate judicial review made available much basis provided district courts regulatory agencies leave courts ultimate responsibility determining articulating standards constitutional validity statute established reasonably assumed develop remedial systems federal model indeed nothing prevent state enacting comparable statutory scheme without waiting congress steps along lines move system toward responsible law enforcement one hand away irrational drastic results suppression doctrine independent alternative embraced dissenting opinion believe time come scope exclusionary rule consider least narrowing thrust eliminate anomalies produced country prides innovation inventive genius willingness experiment paradox cling half century legal mechanism poorly designed never really worked hope congress manifest willingness view realistically hard evidence history suppression doctrine revealing thousands cases criminal set free constable blundered virtually evidence innocent victims police error petitioner claims afforded meaningful redress appendix opinion burger dissenting determination unless otherwise required constitution state motion suppress evidence based upon violation provisions code shall granted finds violation substantial determining whether violation substantial shall consider circumstances including importance particular interest violated extent deviation lawful conduct extent violation willful extent privacy invaded extent exclusion tend prevent violations code whether violation things seized discovered extent violation prejudiced moving party ability support motion defend proceeding things seized sought offered evidence fruits prior unlawful search search seizure carried manner things seized course search subject motion suppress subsection result search seizure evidence discovered subsequently offered defendant evidence shall subject motion suppress unless prosecution establishes evidence probably discovered law enforcement authorities irrespective search seizure finds exclusion evidence necessary deter violations code reporters views exclusionary rule also reflected comment proposed section reporters wish emphasize matter policy wedded exclusionary rule sole best means enforcing fourth amendment see oaks studying exclusionary rule search seizure chi rev paragraph embodies reporters hope flexible approach problem subject course constitutional requirements comment barrett exclusion evidence obtained illegal searches comment people cahan rev burns mapp ohio mistake depaul rev friendly bill rights code criminal procedure rev inbau thompson sowle cases comments criminal justice criminal law administration ed lafave improving police performance exclusionary rule pts mo rev lafave remington controlling police judge role making reviewing law enforcement decisions rev morris hawkins honest politician guide crime control oaks studying exclusionary rule search seizure chi rev plumb illegal enforcement law cornell schaefer fourteenth amendment sanctity person nw rev waite judges crime burden rev waite evidence police regulation rules evidence rev wigmore using evidence obtained illegal search seizure wigmore evidence mcnaughton rev thayer holmes frankfurter john marshall phoenix ed reached issue applying weeks doctrine sua sponte cardozo suggested example potentially consequences suppression doctrine almost realized killough app example case arising mapp supra state judges every level state judiciary may find police conduct proper federal habeas corpus district judge appeals might agree yet circumstances reviewing case much years later might reverse narrow margin circumstances difficult conclude policeman violated rule known restriction authority damage verdicts acts often sufficient size provide effective deterrent stimulate employers corrective action electronic eavesdropping presents special problems see supp legislation emphasize interdependence waiver sovereign immunity elimination judicially created exclusionary rule legislative determination repudiate exclusionary rule falls entire statutory scheme fall justice black dissenting opinion bell hood reserve question whether unreasonable search made federal officer violation fourth amendment gives subject search federal cause action damages officers making search doubt congress create federal cause action damages unreasonable search violation fourth amendment although congress created federal cause action state officials acting color state law never created cause action federal officials wanted congress course create remedy federal officials violate fourth amendment performance duties point case fatal weakness judgment neither congress state new york enacted legislation creating right action us judgment exercise power constitution give us even legislative power create remedy many reasons decline create cause action none existed since formation government courts well choked lawsuits number cases docket reached unprecedented volume recent years majority cases brought citizens substantial complaints persons physically economically injured torts frauds governmental infringement rights persons unjustly deprived liberty property persons yet received equal opportunity education employment pursuit happiness dream forefathers unfortunately also growing number frivolous lawsuits particularly actions damages law enforcement officers whose conduct judicially sanctioned state trial appellate courts many instances even fellow justices brethren throughout federal judiciary know well task conscientiously poring hundreds thousands pages factual allegations misconduct police judicial corrections officials course instances legitimate grievances legislators might well desire devote judicial resources problems serious nature sit top judicial system accused nearing point collapse many criminal defendants receive speedy trials neither society accused assured justice inordinate delays occur citizens must wait years litigate private civil suits substantial changes correctional parole systems demand attention lawmakers judiciary legislator might well find needs pressing make believe resources lawyers judges devoted rather civil damage actions officers generally strive perform within constitutional bounds also real danger suits might deter officials proper honest performance duties considerations make imperative careful study weighing arguments creation remedy fourth amendment great difficulty resolving competing policies goals priorities use resources thought job resolve questions task task evaluating pros cons creating judicial remedies particular wrongs matter congress legislatures congress provided federal entertain suit federal officer violations fourth amendment rights occurring performance duties strong inference drawn creation actions state officials congress desire permit suits federal officials time come congress desires lawsuits model valid legislation create damage remedy federal officers cases cited support legal proposition assert seems matter common understanding business judiciary interpret laws make dissent every person color statute ordinance regulation custom usage state territory subjects causes subjected citizen person within jurisdiction thereof deprivation rights privileges immunities secured constitution laws shall liable party injured action law suit equity proper proceeding redress rev stat justice blackmun dissenting dissent largely reasons expressed chief judge lumbard thoughtful scholarly opinion appeals also feel judicial legislation opinion today concededly effectuating opens door another avalanche new federal cases whenever suspect imagines chooses assert fourth amendment right violated immediately sue federal officer federal tend stultify proper law enforcement make day labor honest conscientious officer even onerous critical moves direction time history know fourth amendment adopted intervening years neither congress seen fit take step thought truly aggrieved person quite adequate remedies always available congress act