Since his confirmation in 1969, Chief Justice Burger viewed the exclusionary rule as an unnecessary and unreasonable intrusion on law enforcement. For the greater part of his tenure he was unable to muster a majority that would entirely support his views but was only able to "chip away" at the edges of the exclusionary rule. Recently the inroads on the rule have become more substantial, or at least so it seems to the casual court watcher. In this paper the evolution of the Supreme Court's treatment of the exclusionary rule since 1969 is examined. Where empirical evidence exists on its consequences and efficacy, that is taken into account as well.
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