Category Archives: Exclusionary rule

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

Posted in Exclusionary rule, Private search | Comments Off on Cal.: Privately recorded conversation in violation of state law admissible in a criminal case under 1982’s Proposition 8

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

Posted in Exclusionary rule, Seizure, Stop and frisk | Comments Off on DC: Telling def to put his hands on the wall for a patdown was a seizure and wasn’t consensual

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

Posted in Exclusionary rule, Ineffective assistance, Seizure | Comments Off on W.D.N.C.: Guilty plea waived 4A IAC claim

WV: Exclusionary rule does not apply in civil cases

DHHR obtained information about the parents from an alleged illegal stop. The exclusionary rule doesn’t apply in civil cases. In re N.R., 2019 W. Va. LEXIS 524 (Nov. 7, 2019). A game warden approached plaintiff sitting in his truck in … Continue reading

Posted in Exclusionary rule, Qualified immunity | Comments Off on WV: Exclusionary rule does not apply in civil cases

W.D.La.: Dismissal of indictment is not remedy for DEA allegedly violating its policy manual, even if it did

Defendant’s general allegation that the DEA officers violated their own policy manual isn’t specific and doesn’t even rise to the level of dismissal of the indictment, which is what he alleges. “Indeed, the Supreme Court has held that violations of … Continue reading

Posted in Consent, Exclusionary rule | Comments Off on W.D.La.: Dismissal of indictment is not remedy for DEA allegedly violating its policy manual, even if it did

N.D.Cal.: Search of car violated Rodriguez and product of that search led to suppression of SW for house

Defendant’s stop was unreasonably prolonged and violated Rodriguez. The product of that search was used to get a search warrant for the house. The search of the house is suppressed, too. United States v. Maffei, 2019 U.S. Dist. LEXIS 177755 … Continue reading

Posted in Exclusionary rule, Seizure | Comments Off on N.D.Cal.: Search of car violated Rodriguez and product of that search led to suppression of SW for house

Cal.2: The exclusionary rule doesn’t apply in PC determations for arrest; that’s to be litigated later

At a probable cause determination, the legality of the arrest for an attempt at applying the exclusionary rule isn’t appropriately litigated. That comes after the charges land in Superior Court. Barajas v. Appellate Div. of the Superior Court, 2019 Cal. … Continue reading

Posted in Arrest or entry on arrest, Exclusionary rule | Comments Off on Cal.2: The exclusionary rule doesn’t apply in PC determations for arrest; that’s to be litigated later

KS applies Krull for GFE to statutory DUI advice of rights later held unconstitutional

The officer gave advice of DUI rights as required by state law later held unconstitutional. Under Illinois v. Krull, the court finds the officer acted in good faith, and the BAC test is not suppressed. State v. Perkins, 2019 Kan. … Continue reading

Posted in Exclusionary rule, Good faith exception | Comments Off on KS applies Krull for GFE to statutory DUI advice of rights later held unconstitutional

E.D.N.Y.: Given a 4A violation for lack of particularity, subjective good faith isn’t good enough for GFE

There was a failure of particularity in this document search warrant, which the government effectively concedes, and it falls back to the good faith exception to save it. The court concludes, however, in a long analysis, that the deterrent benefits … Continue reading

Posted in Exclusionary rule, Good faith exception, Particularity | Comments Off on E.D.N.Y.: Given a 4A violation for lack of particularity, subjective good faith isn’t good enough for GFE

D.V.I.: Failure to include limiting attachments at time of execution of SW was 4A violation, but mere oversight and exclusionary rule not applied

The search warrant had the wrong address, but there were attachments to it when presented to the USMJ which gave the correct address. In addition, the affiant was familiar with the place to be searched, and he went along on … Continue reading

Posted in Exclusionary rule, Particularity | Comments Off on D.V.I.: Failure to include limiting attachments at time of execution of SW was 4A violation, but mere oversight and exclusionary rule not applied

FL4: Mistakenly placed GPS on probationer isn’t suppressed under Heien and Herring

When defendant started probation, a GPS monitor was placed on him without court order by a probation employee that just assumed it was required. It wasn’t. It was an apparent violation of the Fourth Amendment, but it’s within the Heien … Continue reading

Posted in Exclusionary rule, GPS / Tracking Data | Comments Off on FL4: Mistakenly placed GPS on probationer isn’t suppressed under Heien and Herring

NY4: Exclusionary rule wouldn’t be applied to probation search during a time of uncertainty in the law where law now settled; no deterrence possible

The exclusionary rule would not be applied to what turned out to be an illegal probation search at a time when the law was unclear. There is no deterrent effect to be gained by applying the exclusionary rule when other … Continue reading

Posted in Exclusionary rule, Probation / Parole search, Warrant execution | Comments Off on NY4: Exclusionary rule wouldn’t be applied to probation search during a time of uncertainty in the law where law now settled; no deterrence possible