POLICE AND THE EXCLUSIONARY RULE: Randy Barnett weighs in. “I agree with Glenn that, when it comes to police misconduct, the exclusionary rule is better than nothing. And in my experience as a prosecutor in the late 70’s and early 80’s the exclusionary rule had a definitely salutary effect on police conduct. But I also agree with Jonah that it is fundamentally wrong to let free those against whom we have proof beyond a reasonable doubt, and also (as Glenn notes) that the exclusionary rule fails to protect those victims of police misconduct against whom no incriminating evidence was uncovered.” But read the whole thing for a suggestion that — unsurprisingly given Randy’s experience and expertise — is better than mine.