CA2: Exclusionary rule doesn’t apply to § 1983 claims

In plaintiff’s malicious prosecution claim based on an alleged illegal search, the discovery of a gun on plaintiff’s person was probable cause to arrest. This was on a motion to reconsider and there was no notice of appeal timely filed from the original order. Cyrus v. City of New York, 450 Fed. Appx. 24 (2d Cir. 2011)*:

The district court held on both the initial motion for summary judgment and on the motion for reconsideration that the discovery of the weapon on plaintiff’s person gave rise to probable cause to prosecute the weapons charge. Even assuming that plaintiff’s arrest was unlawful, the district court concluded that the exclusionary rule does not apply to § 1983 claims and therefore the gun would be admissible to determine probable cause in the civil action. See, e.g., Townes v. City of New York, 176 F.3d 138, 148 (2d Cir. 1999) (“No Fourth Amendment value would be served if [plaintiff], who illegally possessed firearms and narcotics, reaps the financial benefit he seeks. [Plaintiff] has already reaped an enormous benefit by reason of the illegal seizure and search to which he was subjected: his freedom, achieved by the suppression of evidence obtained in violation of the Fourth Amendment.” (footnote omitted)); ….