Timothy Lynch

Evidence that is seized illegally by police is inadmissible in court under the exclusionary rule of the Fourth Amendment. In the following viewpoint, Timothy Lynch argues that congressional attempts to pass laws to prevent courts from dismissing illegal evidence are actually attacks on the judiciary’s powers. The exclusionary rule allows the court to check the lawlessness of the police. If the police make an illegal search, the court punishes the misbehavior the only way it can—by excluding the evidence from the trial. Lynch contends that any attempt to restrict the exclusionary rule must be vigorously fought. Lynch is associate director of the Cato Institute’s Center for Constitutional Studies.

As you read, consider the following questions:

1. On what grounds do conservatives oppose the exclusionary...