Cite as: 524 U. S. 357 (1998)
Souter, J., dissenting
tional right of the party aggrieved," United States v. Leon, 468 U. S. 897, 906 (1984) (internal quotation marks omitted), "[w]hether the exclusionary sanction is appropriately imposed in a particular case . . . is 'an issue separate from the question whether the Fourth Amendment rights of the party seeking to invoke the rule were violated by police conduct.' " Ibid. (quoting Illinois v. Gates, 462 U. S. 213, 223 (1983)). The exclusionary rule does not, therefore, mandate the exclusion of illegally acquired evidence from all proceedings or against all persons, United States v. Calandra, supra, at 348, and we have made clear that the rule applies only in "those instances where its remedial objectives are thought most efficaciously served," Arizona v. Evans, 514 U. S. 1, 11 (1995). Only then can the deterrent value of applying the rule to a given class of proceedings be seen to outweigh its price, including "the loss of often probative evidence and all of the secondary costs that flow from the less accurate or more cumbersome adjudication that therefore occurs." INS v. Lopez-Mendoza, 468 U. S. 1032, 1041 (1984); see also United States v. Janis, 428 U. S. 433, 454 (1976); United States v. Calandra, supra, at 349-350.
Because we have found the requisite efficacy when the rule is applied in criminal trials, see Elkins v. United States, 364 U. S. 206 (1960); Mapp v. Ohio, supra; Weeks v. United States, 232 U. S. 383 (1914), the deterrent effect of the evidentiary limitation upon prosecution is a baseline for evaluating the degree (or incremental degree) of deterrence that could be expected from extending the exclusionary rule to other sorts of cases, see INS v. Lopez-Mendoza, supra. Thus, we have thought that any additional deterrent value obtainable from applying the rule in civil tax proceedings, see United States v. Janis, supra, habeas proceedings, see Stone v. Powell, 428 U. S. 465 (1976), and grand jury proceedings, see United States v. Calandra, supra, would be so marginal as to be outweighed by the incremental costs.
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