Category Archives: Exclusionary rule

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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CA10: 4A claim (not IAC) can’t be raised in habeas [this still comes up? Yes, because pro se inmates don’t know]

Petitioner’s habeas case was based on his alleged illegal arrest and search. Dismissed under Stone v. Powell. Keys v. Faulk, 2017 U.S. App. LEXIS 24509 (10th Cir. Dec. 5, 2017). Throwing a lit cigarette from a car which hit police … Continue reading

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VI: Evidence suppressed in another case couldn’t be used here as 404(b) evidence

Evidence suppressed in another case against defendant for a Fourth Amendment violation not admissible in this case as 404(b) evidence. People v. Walters, 2017 V.I. LEXIS 165 (Dec. 4, 2017). Defendant argued his arrest was unlawful but not that his … Continue reading

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UT: There was PC for the warrant, and whether there is a state exclusionary rule doesn’t have to be decided

The trial court erred in concluding there was no probable cause for the issuance of the search warrant, but the good faith exception applied. Instead, there was a substantial basis for issuance of the search warrant, and the exclusionary rule … Continue reading

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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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