Category Archives: Exclusionary rule

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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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

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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

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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

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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

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