Category Archives: Exclusionary rule

ID: Violation of citizen’s arrest statute not a const’l violation; no suppression

The officer arrested defendant for a completed misdemeanor of stealing a cell phone not occurring in his presence. The manager of the place where it happened wanted defendant arrested. The officer and the manager never informed defendant this was a … Continue reading

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DE: Exclusionary rule not designed to prohibit extra-territorial GPS tracking with warrant

In this post-conviction case, defense counsel didn’t raise the question of extraterritorial monitoring of a warrant installed GPS device. It was installed in 2015 [post-Jones] to track defendant who was an accomplished [except for getting caught] burglar. The court doesn’t … Continue reading

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D.S.D.: Suppression or dismissal aren’t remedies for violation of Right to Financial Privacy Act

Grand jury subpoenas are a proper method of obtaining bank records under the Right to Financial Privacy Act enacted after Miller. Also, suppression and dismissal aren’t remedies under the Act. United States v. Lundahl, 2021 U.S. Dist. LEXIS 52211 (D.S.D. … Continue reading

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D.Utah: Exclusionary rule doesn’t apply in false arrest civil cases

The exclusionary rule doesn’t apply in false arrest civil cases. Linin v. Neff, 2021 U.S. Dist. LEXIS 51836 (D. Utah. Mar. 18, 2021). [In fact, it may be the crux of the case.] Probable cause was shown for a search … Continue reading

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MI: Inventory policy doesn’t have to be written if it’s standardized

A written search inventory policy isn’t constitutionally required. “We hold that, in order to establish that an inventory search is reasonable, the prosecution must establish that an inventory-search policy existed, all police officers were required to follow the policy, the … Continue reading

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E.D.Mich.: Govt’s violation of 42 C.F.R. Part 2 has no exclusionary remedy; that’s for const’l violations

In an opiod over prescribing case, a government violation of 42 C.F.R. Part 2 by the government only leads to a fine against the offending person. The exclusionary rule does not apply to regulation violations. United States v. Pompy, 2021 … Continue reading

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D.Kan.: “Frantic” furtive movements as officers approached stopped car justified drawing weapons

Defendant’s “frantic” furtive movements as he stopped during a traffic stop justified officers drawing down on him as they approached the car. “Then during Solis’s temporary detention, other facts arose establishing probable cause to arrest him. The Court therefore concludes … Continue reading

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NY Kings Co.: Exclusionary rule not applied in civil case to end tenancy under rent control statute

Defendant was convicted of surreptitiously recording a tenant in another apartment with planted wireless camera. Some evidence in the criminal proceeding was suppressed. In a civil case to void his tenancy under the rent control laws, the exclusionary rule is … Continue reading

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KY: Deputy in one county could go to another to investigate; no motion to suppress lies for statutory violation, if there even was one

A motion to suppress for a statutory violation doesn’t work in Kentucky absent a constitutional violation to found it on. Here, a deputy from one county crossed into another county to investigate. The statute defendant relies on deals with arrest, … Continue reading

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E.D.Cal.: Officer wasn’t required to wait around for alternative means to tow vehicle before impoundment

“It is true that defendant made multiple requests to contact AAA to tow his truck, and he eventually suggested arranging for his father or friends, who were purportedly nearby, to move his truck to avoid impoundment. There was no telling … Continue reading

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OH12: GFE applies to precedent decided day before search where nobody knew of the case

The day before defendant’s parole search, the state supreme court put the legality of his parole status in doubt. Nobody involved even knew about the case. The court agrees that the good faith exception applies to the search because there … Continue reading

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CA9: When the 4A question isn’t settled, the alleged 4A violation can’t be egregious in immigration cases

“In immigration proceedings, the exclusionary rule applies to evidence obtained in violation of the Fourth Amendment only when the violation is egregious. … Petitioners bear the burden of making a prima facie showing of an egregious Fourth Amendment violation. … … Continue reading

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D.Mont.: State trooper’s alleged violation of a tribal agreement with state wasn’t sufficient for exclusionary rule

A Montana state trooper’s alleged violations of a cross deputization agreement with a tribe wasn’t justification for exclusion of evidence from his stop of defendant. “The Court fails to make the connection between any constitutional violation whose remedy is suppression … Continue reading

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CA4: Ptf’s claim the statute he was arrested under was unconstitutional is barred by DeFillippo

Plaintiff’s claim that his arrest and search was invalid because the statute under which he was stopped and arrested was unconstitutional is barred by Michigan v. DeFillippo. Quigley v. City of Huntington, 2021 U.S. App. LEXIS 760 (4th Cir. Jan. … Continue reading

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M.D.Fla.: Even if a notebook was unlawfully seized, an IRS summons for it was valid

The IRS summons was upheld. “[E]ven if the notebooks were unlawfully seized, the Fourth Amendment’s exclusionary rule does not render the summonses unenforceable. First, even if the exclusionary rule applied, evidence may not be excluded when it is obtained based … Continue reading

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OH12: RS for stop after drugs found in 70 other traffic stops leaving suspected drug house

Suppose just for the sake of argument a law enforcement officer conducts 70 potentially legal stops of cars leaving a drug house but then finds drugs in the car. Assume further there was no reasonable suspicion for a detention or … Continue reading

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TX: Flight from arrest on a warrant doesn’t permit litigating the validity of the warrant

There was an outstanding arrest warrant for defendant that justified the officer’s attempting to arrest him, and his flight justified his conviction for evading. The exclusionary rule doesn’t reach down to the actual validity of the warrant and the statute … Continue reading

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CA9: Changing allegedly offending officer in Franks challenge on appeal was waiver

Defendant’s Franks challenge to one officer’s alleged misstatements were changed on appeal to involve another officer. This was waiver. United States v. Arnold, 2020 U.S. App. LEXIS 37199 (9th Cir. Nov. 25, 2020). In the college admissions scam case, “Here, … Continue reading

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Tex.: Mere Miranda violation doesn’t automatically lead to suppression of physical evidence

A Miranda violation doesn’t automatically lead to suppression of physical evidence. The question is involuntariness and actual coercion, and then it could be. Wells v. State, 2020 Tex. Crim. App. LEXIS 944 (Nov. 18, 2020):

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OH6: File stamp time error on SW wasn’t subject to exclusionary rule

The file stamp on a search warrant was before the judge signed it. This, however, is just a clerical error, and that doesn’t void an otherwise valid warrant. The exclusionary rule shouldn’t apply to such errors. “The testimonial evidence was … Continue reading

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