Category Archives: Exclusionary rule

Cal.App., LA: Accepting deferred entry of judgment denies a statutory right to appeal denial of suppression motion

Having accepted deferred entry of judgment to resolve his criminal case, defendant had no statutory right to appeal the denial of his suppression motion. People v. Cortez, 2017 Cal. App. LEXIS 891 (App.Div. Los Angeles Sept. 14, 2017). The search … Continue reading

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S.D.Ohio: “Failure to follow Internal Revenue manual does not mandate suppression of any evidence obtained in violation thereof.”

Tax records were collected in an audit.”Failure to follow Internal Revenue manual does not mandate suppression of any evidence obtained in violation thereof.” United States v. Wright, 2017 U.S. Dist. LEXIS 167300 (S.D. Ohio Oct. 10, 2017). “[I]f an objectively … Continue reading

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S.D.N.Y.: Exclusion warranted for stop without RS

Two plainclothes officers jumped out of a car and approached to men who fled. The court finds the officers didn’t identify themselves. This wasn’t reasonable suspicion, and the court finds exclusion warranted for the police conduct. United States v. Bell, … Continue reading

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OH follows Hudson on knock-and-announce under state constitution

The Ohio Supreme Court follows Hudson under the state constitution and holds that a violation of knock-and-announce does not justify suppression of the search. The state constitution has been applied more broadly than the Fourth Amendment on occasion, but not … Continue reading

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TX14: Private search in Texas not subject to statute exclusionary rule

Defendant’s girlfriend accessed his cell phones: his Android wasn’t password protected but his iPhone was but she knew the password. This was a private search, and the Texas statutory exclusionary rule doesn’t apply. Thomas v. State, 2017 Tex. App. LEXIS … Continue reading

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Idaho rejects Heien mistake of law under state constitution

Idaho rejects Heien mistake of law under state constitution. State v. Pettit, 2017 Ida. App. LEXIS 75 (Sept. 29, 2017):

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WA: Def’s new crime of obstruction wasn’t subject to suppression for illegal arrest

There is no general obligation to cooperate with the police, but there is a duty not to resist an arrest. Defendant’s obstruction was a new crime not subject to a motion to suppress for the alleged prior illegality of the … Continue reading

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D.N.M.: Just because the officer would search again, despite the court’s order the 4A was violated, doesn’t mean he won’t be deterred because he should be

On the government’s motion to reconsider, it argues that the cost-benefits analysis of the exclusionary rule should be evaluated in terms of the fact the officer would have searched here no matter what, so there was nothing to deter. Yes, … Continue reading

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ME: Officer’s crossing city limits in pursuit, even if a violation of statute, didn’t violate 4A

Even if the officer violated state law on his territorial jurisdiction, following defendant across the city limits into another town to make a traffic stop didn’t violate the Fourth Amendment and there is no reason to apply the exclusionary rule. … Continue reading

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

N.-M. Ct.Crim.App.: Trial judge’s findings on deterrence for exclusion lacking, so remanded

Defendant was charged in Washington state court with child pornography after he was arrested in a prostitution sting and police obtained access to his cell phone by getting his password. The state court suppressed the search of the cell phone, … Continue reading

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