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semen tome sees c ecwwames ces ee ee eee ee —— At ee ome th ee “TO nN DISHISSAL OF THE - INDICTMENT. -g! which they are written. Each day the Ra q 10] courts of this state try nunikeds We dases in which individual de- 41) fendants stand accused of violatin hese laws. It is easy, in 12 light of the foregging facts, to overlook a body os law directed | 13} towards those who are charged with law enforcement. Pe¢ulation, ot 14: police power is. a fundamental conceot in the. American legal sys- 164 tem. Our Pederal “Constitution and a number of its subsequent *I anendments are adax ssed specifically towards limiting the exercise '- -17f ef police power. There isino question that these constitutional 18; limitations sometimes hamper the efficiency of law enforcement. A 19 “police force given free reign to burglarize, threaten, and eaves- . x 20 earop would certainly capture more suspected violators then @ simi~. ar. fo ce operating within the boundaries of the Constitution, It The réssonsibility for protecting these rights rests with the ju- 25 Giciary. In 1955, in People vy. Cahan, 44 C. 2d 434, the exclusion- 263 ary rule was choson as a judicially declared rule of evidence in 27 California. - In discussing the necessity for what was, at thet 2B] time, a rather drastic change in state law, the Cahen Court stated - 29) (at 445-447): 2 _ - sony P30 _ _ "Today one of, the foremost public eoncerns is the police state, and recent history has demonstrated all.