[mirimir]

> The reason we believe the exclusionary rule works so well is that it strikes directly at the incentive structure for the police.

That's debatable. Parallel construction seems pretty common. The NSA shares information with the FBI, DEA etc, and then they exploit that information to collect clean evidence. So there's never any mention of NSA help.

Of course, that arguably involves perjury. But judges seem pretty OK with ignoring that. I do suspect that the Playpen cases involved parallel construction, and that they just screwed up on this one.

[tptacek]

By "pretty common", you mean, "I've heard of it", right?

[mirimir]

Point taken. But I've heard repeatedly about it, involving different sorts of illegal data, over some years. And the discovery rate is arguably low. That suggests to me that it's common.