The fact that federal courts 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 by federal courts means that it is difficult to know whether a defendant will be protected from an illegal search under the Fourth Amendment. This is because federal courts have discretion in deciding whether or not to exclude evidence obtained through an illegal search, which can vary on a case-by-case basis. Therefore, the application of the exclusionary rule can be unpredictable, and defendants may not always be guaranteed protection from an illegal search under the Fourth Amendment.

The Fact That Federal Courts Have Relied on a Discretionary