Orin Kerr on the Exclusionary Rule

A blast from the past--Orin Kerr revisits the exclusionary rule (evidence illegally obtained is not admissible in court), based on one of the landmark cases of the Warren Court:

As a matter of history, I think that explains why we have an exclusionary rule: judges needed a way to enforce judge-created rules even when they were unpopular and didn't have buy-in from other branches. The exclusionary rule provided a way — and perhaps the only way — to do that.

Why does the post strike me--because it explains a uniquely American trait as a bureaucratic phenomena. Also, it recalls the very hot issues of the 1960's. And maybe explains why I disdain the efforts of the wingnut left to impeach Bush or whoever--I remember so well the calls to impeach Earl Warren from the right.