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The exclusionary rule is not constitutionally required. Courts may limit its scope in order to restrict the rule 'to those areas where its remedial objectives are thought most efficaciously served.' United States v. Calandra, 414 U.S. 338, 348, 38 L. Ed. 2d 561, 94 S. Ct. 613 (1974), quoted in Leon, 104 S. Ct. at 3413. See also Illinois v. Gates, 462 U.S. 213, 257-58, 76 L. Ed. 2d 527, 103 S. Ct. 2317 (1983) (White, J., concurring); Stone v. Powell, 428 U.S. 465, 439-40, 49 L. Ed. 2d 1067, 96 S. Ct. 3037 (1976) (White, J., dissenting). The methodology used to determine the proper scope of the rule was suggested to the Leon majority by its prior cases. See Leon, 104 S. Ct. at 3413-16; Gates, 462 U.S. at 254-61 (White, J., concurring). A balancing test is employed to weigh the 'costs and benefits' of the rule as it operates in a particular category of cases. See Leon, 104 S. Ct. at 3412.


The Court in Leon found this balancing to reveal that 'the marginal or nonexistent benefits produced by suppressing evidence obtained in objectively reasonable reliance on a subsequently invalidated search warrant cannot ...

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