Category Archives: Exclusionary rule

OH2: Officer’s good faith mistake, if it was one, that def possessed a concealed weapon (a long sword), bars application of the exclusionary rule [court erroneously shifts burden]

Police got a call about a man wielding a sword, and they stopped defendant. There was probable cause for him possessing a concealed long sword [how?]. Even if the officer was wrong, it wasn’t really wrong. “Short contends that Officer … Continue reading

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KS: Warning officers about self-incrimination at suppression hearing deterrent enough; no exclusion

Kansas police officers can go outside their jurisdiction when requested to do so. Kansas statute implies an exclusionary remedy. Here, the officers appear to have violated the statute, but the district court warned the officers against self-incrimination at the hearing … Continue reading

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CA2: In removal proceedings, pet’rs made a prima facie case of egregious 4A violation; remanded

“In removal proceedings before the IJ, both petitioners moved to suppress the evidence obtained during the search, arguing that the search violated the Fourth Amendment because it was conducted without a warrant, consent, or exigent circumstances, and, even assuming the … Continue reading

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DE holds that exclusionary rule doesn’t apply to probation revocations

The exclusionary rule does not apply to probation revocation proceedings. No federal case holds to the contrary. Thompson v. State, 2018 Del. LEXIS 346 (July 24, 2018). The city’s administrative warrants for petitioner’s dilapidated buildings were properly issued. By statute, … Continue reading

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D.Nev.: While def’s firearm was suppressed, it can come in by impeachment if he opens the door at trial

Defendant’s firearm was previously suppressed. If at trial he opens the door to the gun, it can be referred to by proper impeachment. United States v. Casarez, 2018 U.S. Dist. LEXIS 112536 (D. Nev. July 6, 2018). Defendant was granted … Continue reading

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WI: SI to arrest warrant issued in error but relied on in good faith would not be suppressed

Police were dispatched to a 911 call, and, on the way, discovered an arrest warrant for the subject of the call. By the time they got there, the 911 call was off, but they arrested on the warrant. It turned … Continue reading

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D.Ore.: Even if ptf’s 4A violated in stop at Portland airport, exclusionary rule doesn’t apply in § 1983 case

“First, even assuming that Flinn had no lawful basis to stop and talk to Plaintiff in the first place, Plaintiff’s argument is not viable in a § 1983 claim. In a 2016 Ninth Circuit case, the court noted that the … Continue reading

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NY3: No exigency justified this entry; exclusionary rule applies in NY probation revo proceedings

There was no emergency basis for entry into defendant’s apartment, a probationer. The police understood that another person might be there who they were curious about. Still, there was no justification for the warrantless entry with gun drawn at midnight. … Continue reading

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CA8: Prior unlawful search of bag on bus was corrected by good faith actions of officer and exclusionary rule wouldn’t be applied

A Tornado bus was stopped in Arkansas, and the Arkansas State Trooper was looking for unmarked bags that could be considered abandoned because unmarked bags on Tornado buses were being used to ferry drugs. While searching the bag, the officer … Continue reading

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N.D.Cal.: Def’s parole search on erroneous dispatch report def was on parole means no exclusion under Herring

Defendant was stopped for a traffic offense, and dispatch said he was on parole which meant he was subject to search. He wasn’t on parole, but the officer’s good faith reliance on the dispatch report under Herring means no suppression. … Continue reading

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D.Mont.: Exclusionary rule doesn’t apply to sentencing

“Rankin claimed counsel should have sought to suppress some of the evidence used at sentencing, but the exclusionary rule does not apply at sentencing.” United States v. Rankin, 2018 U.S. Dist. LEXIS 100129 (D. Mont. June 15, 2018). The affidavit … Continue reading

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N.D.Ill.: No constitutional requirement that police car recording equipment be used

“Defendant objects to the magistrate judge’s probable cause determination asserting that ‘defendant believes’ that where a police car is equipped with video recording equipment the officer should be required to use it and that his testimony alone should not be … Continue reading

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