- 6 - returns. The ensuing investigation led to the deficiency notices petitioner challenges in this proceeding. Discussion Petitioner alleges that respondent calculated his tax liability for the years in issue on the basis of documents seized from his residence by State police officers during an unlawful search. He further contends that the search was such an egregious violation of the Fourth Amendment to the Constitution that the seized documents should be excluded from consideration in this proceeding. We begin by noting that the exclusionary rule is primarily a criminal law doctrine with limited application to civil proceedings. United States v. Janis, 428 U.S. 433 (1976). In Janis, the Court described a balancing test for identifying the limited circumstances under which it would exclude unlawfully seized evidence from a civil judicial proceeding. Briefly, the benefit to society of deterring police misconduct must outweigh the cost to society of forgoing relevant, probative evidence. Id. at 454. This balancing test is derived from the purpose of the exclusionary rule, which, the Court pointed out, is to deter police misconduct. The Court reasoned that in the absence of valid empirical studies to demonstrate the existence or strength of the deterrent effect of exclusion, courts are forced to assess the likelihood of deterrence under the circumstances of the casePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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