Category Archives: Exclusionary rule

D.D.C.: Messages through Airbnb’s website and app are governed by ECPA

A search warrant under ECPA to Airbnb was granted. Through its website and app, Airbnb allows messaging, and that makes it subject to ECPA. The government needs to determine which part of this can be unsealed to not compromise an … Continue reading

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E.D.Mich.: It’s not prosecutorial misconduct to present evidence allegedly unlawfully seized to a GJ

It’s not prosecutorial misconduct to present evidence allegedly unlawfully seized to a grand jury. That was settled in Calandra in 1974. United States v. Boston, 2018 U.S. Dist. LEXIS 23751 (E.D. Mich. Feb. 14, 2018). “Accordingly, the court finds that … Continue reading

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SCOTUSBlog: Argument preview: Should courts read statutory exclusionary rules broadly?

SCOTUSBlog: Argument preview: Should courts read statutory exclusionary rules broadly? by Richard Re:

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E.D.N.Y.: The exclusionary doesn’t apply at sentencing

The exclusionary doesn’t apply at sentencing. United States v. Carrillo, 2018 U.S. Dist. LEXIS 21731 (E.D. N.Y. Feb. 9, 2018):

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MN: Exclusionary rule doesn’t apply in civil eviction

The landlord was changing all the locks in an apartment complex for uniformity and warned the tenants. They showed up at defendant’s apartment and knocked, but defendant didn’t answer. They tried unlocking the door but the master key didn’t work. … Continue reading

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NY4: CSLI obtained by exigency mere third party information not subject to suppression

Police discovered defendant may have been involved in a quadruple homicide, and they submitted an exigent circumstances request for his CSLI for the four days around the homicide, and that put him there. His motion to suppress the CSLI was … Continue reading

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N.D.Ill.: Exclusionary rule doesn’t apply in civil case

The FTC moved for a preliminary injunction and appointment of a receiver which was granted on an emergency basis. Defendants now claim a Fourth Amendment violation from seizure of records. The claim is waived by not raising it sooner. Even … Continue reading

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Volokh Conspiracy: The Fourth Amendment, the Exclusionary Rule, and Illegal Government Searches

Volokh Conspiracy: The Fourth Amendment, the Exclusionary Rule, and Illegal Government Searches by Damon Root Why illegally obtained evidence is generally inadmissible in court.

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CA1: Exclusionary rule as to a statement won’t be applied to military disciplinary review board case

In a military disciplinary case, the court holds that a statement obtained without warnings could still be used before a disciplinary review board because the exclusionary rule is disfavored. Sasen v. Spencer, 2018 U.S. App. LEXIS 517 (1st Cir. Jan. … Continue reading

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Reason: The Fourth Amendment, the Exclusionary Rule, and Illegal Government Searches

Reason: The Fourth Amendment, the Exclusionary Rule, and Illegal Government Searches by Damon Root:

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PA: Even if HIPAA violated (it wasn’t), there’s no exclusionary remedy

Defendant’s medical records from the state he was extradited from were not unlawfully obtained under HIPAA or the Uniform Act for Obtaining Witnesses from Without State. A “subpoena” under the act includes subpoenas duces tecum. Moreover, even if HIPAA had … Continue reading

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NV: Illegally recorded conversation by recorder in child’s backpack can be used by expert in child custody proceeding

In this child custody case, the father put a recording device in the child’s backpack to record the child’s interactions with the mother. While the recording violated state law, the trial court did not abuse its discretion in permitting an … Continue reading

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