Petitioner's celiphone was searched without a warrant upon his arrest and then a year later with a warrant. The illegality of a warrantless search of a cellphone not clearly defined until the pendancy of Petitioner's direct appeal:

Q: Is the exclusionary rule properly limited solely to the purpose of deterring police misconduct or can/should it be used to enforce a clear constitutional violation (4th Amendment) irregardless of past police misconduct?

Is the exclusionary rule properly limited solely to the purpose of deterring police misconduct or can/should it be used to enforce a clear constitutional violation (4th Amendment) irregardless of past police misconduct?