Arbitration Between Minnesota State Patrol Troopers Ass'n Ex Rel. Pince v. State, Department of Public Safety

FORSBERG, Judge (concurring specially): I concur in the decision of the majority, but have some reservations about certain aspects of the opinion. I do not believe that the exclusionary rule which is already in decline in criminal law should be extended to civil cases even though some deterrence in specific cases may be present. Moreover, even if the exclusionary rule is extended to civil cases, the evidence in this case would clearly be admitted under the “good faith” exception to the fourth amendment exclusionary rule. Curiously, the majority bases its decision on the incriminating statements of Rodney Pince which, if the exclusionary rule applies in this case, would clearly be excluda-ble as fruits of the poisoned tree.