The exclusionary rule's two biggest vices are mostly ignored in the vast literature on this subject. Those vices both have to do with the exclusionary rule's ripple effects, and its tendency to change other aspects of the system for the worse. The first bears on the content of Fourth Amendment law, for that law is not fixed, and in this setting the remedy tends to shape the right. In part because of the exclusionary rule, we have an enormous body of law that regulates the police and focuses heavily on what sorts of things policeofficers can see; it pays much less attention to the ways and settings in which police officers use force on suspects. This is a bad thing if, as is probably the case, police violence is a more serious problem than police snooping. The second vice is broader and probably worse. The exclusionary rule skews criminal trials and criminal appeals by diverting scarce resources into a path separate from the question whether the defendant did the crime.
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