Category Archives: Exclusionary rule

D.Conn.: Shots fired call is not per se exigency; totality standard must apply

A shots fired call is not carte blanche exigency–the totality of circumstances must still be examined. Here, the court finds no exigency for the warrantless entry or protective sweep and that the exclusionary rule should be applied. The costs aren’t … Continue reading

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ND: Exclusionary rule does not apply to civil administrative drivers license suspensions

The exclusionary rule does not apply to civil administrative drivers license suspensions. Beylund v. Levi, 2017 ND 30, 2017 N.D. LEXIS 30 (Feb. 16, 2017):

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AR: Knock-and-announce applies to parole searches, but Hudson adopted and exclusionary rule doesn’t apply

The knock-and-announce rule applies to parole searches, and violation of the rule is a substantial violation of the Fourth Amendment and the state constitution. The court adopts Hudson, however, and finds that the exclusionary rule should not be applied. Lane … Continue reading

Posted in Attenuation, Exclusionary rule, Knock and announce, Probation / Parole search | Comments Off

CA11: First offender DNA sample that should have been destroyed under state law but wasn’t could be used in federal prosecution

Under Georgia law, a DNA sample from a first offender should be expunged from the system when he completes his probation or sentence. This one wasn’t. Whatever the statute says, it doesn’t violate the Fourth Amendment. United States v. Hinton, … Continue reading

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CA8: Def’s statement was attenuated from the false statement that led to the SW being issued

An untrue statement in an affidavit for search warrant was attenuated from defendant’s later confession. All four factors of the attenuation doctrine weighed in favor of not suppressing statements defendant made during his interview with the agent. The causal connection … Continue reading

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D.N.M.: Def’s conditional plea and slight chance of success on appeal aren’t enough to avoid detention at plea

Defendant litigated a motion to suppress and lost, and then he entered a conditional plea. Because his sentencing range is 10 years or more, he is ordered into custody. The court is not convinced there is a debatable issue for … Continue reading

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S.D.Ohio: Undocumented alien was held w/o PC and interrogated; exclusionary rule applies

“This is a story about law-enforcement officers who take shortcuts in their zeal to make arrests and the Fourth and Fifth Amendments to the United States Constitution, which prohibit them from doing so.” Defendant was validly stopped, but he was … Continue reading

Posted in Arrest or entry on arrest, Exclusionary rule | Comments Off

PA holds state constitution requires exclusionary rule applies to parole and probation revocation proceedings

PA holds state constitution requires exclusionary rule applies to parole and probation revocation proceedings. The court engages in a lengthy and sensitive analysis. Commonwealth v. Arter, 2016 Pa. LEXIS 2916 (Dec. 28, 2016):

Posted in Exclusionary rule, Probation / Parole search, State constitution | Comments Off

IL: Exclusionary rule does not apply to liquor license disciplinary proceeding arising from admin search

Petitioner had a liquor license in Chicago, and an inspection occurred under authority of state law and city ordinance. The permitted premises was the first floor, but he owned accessible property in the floors above. Upstairs, the officers found a … Continue reading

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IL: GFE does not apply to seizure under a statute later held unconstitutional

Defendant was stopped and relieved of a handgun by the police and charged with it. Four years later, the state supreme court held that possession of a handgun alone, without criminal purpose, violated the Second Amendment. Defendant gets the benefit … Continue reading

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