concurring in judgment only:
The exclusion of relevant evidence in a non-criminal proceeding, albeit by technical illegal seizure in a prior unrelated criminal investigation, is to my view justified only under such facts and circumstances as those disclosed from my examination of the record in this particular case.
I do not believe that relevant evidence ipso facto should be excluded from admission in any and all subsequent proceedings of a civil nature, simply because such has been excluded from an earlier criminal trial. I recede from what I perceive to be the wide-sweep of the majority opinion. I believe the competing interests of the right of the individual to privacy vis-a-vis the right of the public to maintain levels of integrity and fitness of its public servants must be balanced as in Tirado v. Commission of Internal Revenue, (2d Cir.1982), 689 F.2d 307, cert denied., 460 U.S. 1014, 103 S.Ct. 1256, 75 L.Ed.2d 484 (1983), but that in this administrative proceeding a balancing requires exclusion to protect the purposes of the Fourth Amendment.