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80. Originalists like Justice Scalia recognize this point.

In County of Riverside at 65-66, Justice Scalia contrasted

our Fourth Amendment rules with the laws of England

(Scalia, J., dissenting).  Note also Plaut at 240, where

Justice Scalia describes the separation-of-powers principle

as a "distinctively American political doctrine."

81. See, for example, Canon; Thomas Y. Davies, "A Hard

Look at What We Know (and Still Need to Learn) About the

'Costs' of the Exclusionary Rule: The NIJ Study and Other

Studies of 'Lost' Arrests," American Bar Foundation

Research Journal 3 (1983): 611; Richard A. Posner,

"Rethinking the Fourth Amendment," Supreme Court Review 3

(1981): 49; and Dallin H. Oaks, "Studying the Exclusionary

Rule in Search and Seizure," University of Chicago Law

Review 37 (1970): 665.

82. See Timothy Lynch, "Rethinking the Petty Offense Doc-

trine," Kansas Journal of Law and Public Policy 4 (1994):

7-22.

83. See Maryland v. Craig, 497 U.S. 836, 870 (1990)

(Scalia, J., dissenting).

84. Brinegar v. United States, 338 U.S. 160, 181 (1949)

(Jackson, J., dissenting).

85. Yale Kamisar, "Does (Did) (Should) the Exclusionary

Rule Rest on a 'Principled Basis' Rather Than an

'Empirical Proposition'?" Creighton Law Review 16 (1983):

665.

86. Potter Stewart, "The Road to Mapp v. Ohio and Beyond:

The Origins, Development and Future of the Exclusionary

Rule in Search-and-Seizure Cases," Columbia Law Review 83

(1983): 1392-93.

87. Reynard, p. 275.

88. Lasson, p. 72.  In certain criminal cases, judicial

officers will doubtless be tempted to avert their eyes

from official misconduct so that the exclusionary rule

will not have to result in, say, an obviously guilty thief

being set free.  But that temptation ought to be resisted.

As Justice Scalia has pointed out, "[T]here are many

desirable dispositions that do not accord with the consti-

tutional structure we live under.  And in the long run the

improvisation of a constitutional structure on the basis

of currently perceived utility will be disastrous."

Mistretta at 427 (Scalia, J., dissenting).  See also

Maryland v. Craig, 497 U.S. 836, 870 (1990), where Justice