KS: DMV can apply exclusionary rule to DL suspensions from bad stop

Petitioner’s stop was without reasonable suspicion, and the DMV can apply the exclusionary rule in the administrative proceeding. Jarvis v. Kansas Dep’t of Revenue, 2019 Kan. App. LEXIS 27 (May 10, 2019).

“Regardless of whether defendant made a valid waiver of his right to appeal, we find, after our in camera view of sealed search warrant materials, that the warrant was supported by probable cause.” People v. Ewell, 2019 NY Slip Op 03667, 2019 N.Y. App. Div. LEXIS 3667 (1st Dept. May 9, 2019).*

The USMJ in recommending rejection of this 2255 discussed all the issues. Petitioner’s claim that exigent circumstances weren’t adequately addressed is rejected because it was. Moreover, he can’t show that the outcome would have been different if the issues had succeeded. Camberos-Villapuda v. United States, 2019 U.S. Dist. LEXIS 77440 (D.S.D. May 8, 2019).*

This entry was posted in Exclusionary rule. Bookmark the permalink.

Comments are closed.