The fact that federal judges have relied on a discretionary use of the exclusionary rule in recent years means that

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The discretionary use of the exclusionary rule means that it is up to the judge's discretion whether or not to exclude evidence obtained through an illegal search or seizure. This makes it difficult for defendants to know whether they will be protected from illegal searches under the Fourth Amendment because it ultimately depends on the judge's decision. The other options are not directly related to the exclusionary rule or Fourth Amendment protections.

The Fact That Federal Judges Have Relied on a Discretionary