The best-laid plans of (manic, immoral) mice-like men: the case against the case for the Contingent Exclusionary Rule

In the real world, Dripps’ Model of “Contingent Suppression” would not even reward and incentivize lawlessness among at least some police. Rather, it would simply incentivize and reward tyranny, not lawlessness; since, in the Dripps’ scenario, it would not be technically “lawless” to circumvent due process if such circumvention were codified. Then the world could be like the crime shows — where cops break all the rules (i.e. the laws), but they mean well — and the shows seem like good philosophy to those consuming the corruption through the vantage point, the literal lens, of corrupt cops, as the consumers yell at their TV about how trite and dangerous is due process.

Specifically, contingent suppression would simply put a price-tag on police corruption. Moreover, the price need only be paid in such cases where the falsely (i.e. corruptly) accused is not, subsequent to unconstitutional conviction, variously (1) murdered in jail; (2) beaten, in jail, to brainlessness; (3) tortured into formally forfeiting the awarded damages; etc. Essentially, the unconstitutional imposition of “Contingent Suppression,” as a supposed “compromise,” would predictably fall apart at the same junction which caused given operators within the system to believe that they could violate the due process constitutional protections of a given accused in the first place: inadequate legal representation.

Moreover, “Contingent Suppression” would only be compatible with restorative justice in a wholly abstract and philosophical sense, since prosecuting crimes via criminally obtained evidence is simply and manifestly an expressed allegiance to “might makes right.”[1] Further, given that plenty in our society believe that “self preservation is the highest law,”[2] and just as no cop in their right mind (i.e. a mind made “right” by Dripps’ dregs) would bother observing due process since there would be virtually no downside to corruption — so too, fewer and fewer citizens (criminal or not) would ever submit to the authority of any police officer who, as codified, could circumvent constitutional rights with impunity. And thereafter, the already-elevated suicide-rates of police[3] and others would only increase, as they fall into the pits they dig, and have roll back on them the corrupt stones which they would roll.[4]


[1] See generally Machiavelli, The prince (summary) (full text) (1532).

[2] See Anton Lavey, The satanic bible (Book of satan 3, #7) (Avon Books, 1969); see also Elijah Muhammad, Self-preservation is the first law of nature (CreateSpace Independent Publishing Platform, 2012).

[3] See Jack Crosbie, Cops are dying by suicide — and no one is talking about it (Men’s Health, 2018).

[4] Proverbs 26:27.

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