Category Archives: Exclusionary rule

D.N.M.: Just because the officer would search again, despite the court’s order the 4A was violated, doesn’t mean he won’t be deterred because he should be

On the government’s motion to reconsider, it argues that the cost-benefits analysis of the exclusionary rule should be evaluated in terms of the fact the officer would have searched here no matter what, so there was nothing to deter. Yes, … Continue reading

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ME: Officer’s crossing city limits in pursuit, even if a violation of statute, didn’t violate 4A

Even if the officer violated state law on his territorial jurisdiction, following defendant across the city limits into another town to make a traffic stop didn’t violate the Fourth Amendment and there is no reason to apply the exclusionary rule. … Continue reading

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N.-M. Ct.Crim.App.: Trial judge’s findings on deterrence for exclusion lacking, so remanded

Defendant was charged in Washington state court with child pornography after he was arrested in a prostitution sting and police obtained access to his cell phone by getting his password. The state court suppressed the search of the cell phone, … Continue reading

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IL sustains arrest for firearm where statute authorizing arrest was later declared unconstitutional

Defendant was stopped under a statute later declared unconstitutional. Distinguishing prior authorities applying state law, the court holds that the “void ab initio” doctrine does not apply here, and the arrest, valid at the time, did not require suppression of … Continue reading

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TX9: Texas provides no exclusionary remedy for illegal search and seizure in forfeiture cases

Texas provides no exclusionary remedy for illegal search and seizure in forfeiture cases. $102,450.00 in United States Currency v. State, 2017 Tex. App. LEXIS 5761 (Tex. App. – Beaumont June 22, 2017):

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Mapp v. Ohio decided 56 years ago today

Mapp v. Ohio, 367 U.S. 643 (1961), on application of the exclusionary rule to the states decided 56 years ago today. Ironically, the exclusionary rule issue wasn’t even argued in the briefs, as noted by the dissent, id. at 676-77. … Continue reading

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Hudson gutted the knock-and-announce rule by making it purely optional 11 years ago today

Hudson v. Michigan, 547 U.S. 586 (2006), decided 11 years ago today, unraveling the knock-and-announce rule of Wilson v. Arkansas (1995) and Richards v. Wisconsin (1997). It’s constitutionally required, it saves lives, it’s far more civil in a civil society, … Continue reading

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CA7: Exclusionary rule won’t be applied to identity in an illegal reentry case

The exclusionary rule won’t be applied to suppress the identity of an undocumented person leading to illegal reentry prosecution (relying on Hudson). United States v. Chagoya-Morales, 2017 U.S. App. LEXIS 10277 (7th Cir. June 9, 2017):

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TN: TN SCt has to adopt Herring under exclusionary rule; Ct.Crim.App. can’t

Despite the Tennessee Supreme Court’s recent changes in exclusionary rule jurisprudence, the court has not yet adopted Herring on good faith reliance on an out of date list. This court will not do it–that court has to. State v. McElrath, … Continue reading

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Texas finally adopts the Davis good faith exception to its statutory exclusionary rule

Texas finally adopts the Davis good faith exception to its statutory exclusionary rule to a pre-Jardines dog sniff in a wide ranging and scholarly opinion surveying all the federal circuits on Davis and attenuation. McClintock v. State, 2017 Tex. Crim. … Continue reading

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