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University of Baltimore Law Review

Abstract

Historically, the exclusionary rule has been employed to prevent the use of illegally obtained evidence to convict a criminal defendant. In more recent years, inspections by administrative agencies seeking to enforce government regulations has raised the question of the exclusionary rule's applicability to civil proceedings. In this article the author traces the history of administrative searches and the development of the exclusionary rule, placing OSHA proceedings in the context of both. The author concludes that application of the rule will not promote deterrence of illegal agency conduct nor further the purposes for which OSHA was formed, and in the alternative that a good faith exception to the rule should be recognized.

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