Deciding an issue of first impression in the state, the court concludes that the exclusionary rule does not apply in probation revocation proceedings. Surveying law from other states, some recognize a bad faith exception for probation searches, but this case doesn’t involve that. State v. Walker, 2018 Del. Super. LEXIS 85 (Feb. 23, 2018).
The USMJ ordered a Franks hearing, and the government appeals to the USDJ raising numerous grounds. The appeal is denied, and the hearing will proceed. “Finally, the government argues that holding a Franks hearing will jeopardize the officer’s career. The court does not rule on motions based on sympathy for the police or the defendant. Nor is there any reason to believe that the magistrate’s judge order will make Franks hearings routine in this district.” United States v. Simmons, 2018 U.S. Dist. LEXIS 28532 (E.D. Wis. Feb. 22, 2018).*