Category Archives: Exclusionary rule

CA2: Even assuming this supervised release search lacked RS, there were facts supporting it and the exclusionary rule will not be applied

Even if the supervised release search here was without reasonable suspicion, the purposes of the exclusionary rule aren’t served. “Even assuming [Officer] Dyckman acted unreasonably in failing to conduct further investigation before executing the search, this is not the kind … Continue reading

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D.P.R.: Search of room six hours before SW issued (not to mention lies about it) leads to suppression

The search of defendant’s room was six hours before the search warrant was issued. It was an investigative search and not a protective sweep. The officer admitted that he was looking for something to put in the affidavit for the … Continue reading

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S.D.Cal.: USMC spotter working with CBP didn’t violate Posse Comitatus Act

A US Marine working the border spotted a potential illegal crossing through a scope and reported it to the Border Patrol who made the stop and arrest. The Posse Comitatus Act as interpreted by the Ninth Circuit applies to the … Continue reading

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ME: Statute requiring blood draw in fatal accident without PC violates 4A; but GFE applied here

Maine’s statute that requires a blood draw of the driver in a fatal or near fatal accident without probable cause violates the Fourth Amendment. Thus, the 2007 case upholding the statute is overruled. It cannot be categorized under the special … Continue reading

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D.Me.: State bail condition that def submit to searches permitted this search

Defendant’s state court bail condition included that he submit to reasonable searches of his person and place at anytime. There’s no showing that he didn’t understand the condition. United States v. Kissh, 2020 U.S. Dist. LEXIS 3767 (D. Me. Jan. … Continue reading

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D.Neb.: Handcuffing on RS to assure safety and maintain the status quo reasonable and not a de facto arrest

Handcuffing a person on reasonable suspicion just to protect the officer’s safety and maintain the status quo is not unreasonable. United States v. Mayfield, 2020 U.S. Dist. LEXIS 520 (D. Neb. Jan. 3, 2020). While the exclusionary rule can apply … Continue reading

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FL2: Herring permits one police mistake for good faith, but not two

The officer gave a wrong name to police communications, and then communications gave a wrong answer back. Two mistakes was too much for Herring, and the exclusionary rule is applied. One mistake may be attenuation; two is not. State v. … Continue reading

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CA1: Routine booking fingerprints even in an unlawful arrest not subject to exclusionary rule and are reasonable

Routine taking of booking fingerprints held not unreasonable, even if the arrest turned out to be unlawful. The district court held that they were admissible by inevitable discovery because the officers would have found that defendant was here unlawfully. The … Continue reading

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MO: Exclusionary rule inapplicable in civil and administrative proceedings

The exclusionary rule does not apply in civil or administrative proceedings. Mo. Landowners Alliance v. Pub. Serv. Comm’n, 2019 Mo. App. LEXIS 1975 (Dec. 17, 2019). There was reasonable suspicion to conduct a weapons search of defendant’s vehicle. The stop … Continue reading

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Cal.: Privately recorded conversation in violation of state law admissible in a criminal case under 1982’s Proposition 8

A private party recorded a telephone call with defendant admitting a criminal sex act. Proposition 8 on “Truth in Evidence” adopted by voters in 1982 made the exclusionary rule follow the Fourth Amendment exclusionary rule. The legislature amended it by … Continue reading

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DC: Telling def to put his hands on the wall for a patdown was a seizure and wasn’t consensual

Telling defendant to put his hands against the wall and assume the position for a patdown was a seizure, and here it was without probable cause. It was not consensual. Dozier v. United States, 2019 D.C. App. LEXIS 495 (Dec. … Continue reading

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W.D.N.C.: Guilty plea waived 4A IAC claim

“The knowing and voluntary guilty plea waived all alleged ineffective assistance of counsel which preceded it, including counsel’s alleged deficiencies with regards to Fourth Amendment issues.” Allen v. United States, 2019 U.S. Dist. LEXIS 205762 (W.D. N.C. Nov. 26, 2019). … Continue reading

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