Post details: Warrant issued under statute later declared unconstitutional would not be suppressed
09/12/07
Warrant issued under statute later declared unconstitutional would not be suppressed
Warrant issued under the Stored Communications Act held unconstitutional in the Sixth Circuit in Warshak v. United States, 490 F.3d 455 (6th Cir. 2007), did not mean that a warrant issued prior to that should be suppressed. The exclusionary rule will not be applied. United States v. Ferguson, 508 F. Supp. 2d 7 (D. D.C. 2007):
The Fourth Amendment's exclusionary rule does not apply where the challenged evidence was obtained by an officer acting in objectively reasonable reliance on a statute even if that statute was later determined to be unconstitutional. Illinois v. Krull, 480 U.S. 340, 349 (1987). It has long been established that the primary purpose of the exclusionary rule "'is to deter future unlawful police conduct and therefore effectuate the guarantee of the Fourth Amendment against unreasonable searches and seizures.'" Id. at 347 (quoting United States v. Calandra, 414 U.S. 338, 347 (1974)). It is not intended to cure the violation of a defendant's constitutional rights. Id.
The deterrence of unlawful police conduct is not advanced when an officer acts in objectively reasonable reliance on a statute. Id. at 349. [It was not clearly unconstitutional at the time.]
Probation search for defendant residing in an unapproved residence was valid because of reasonable suspicion. [Court also questions defendant's standing to contest the search, but the government did not raise it.] United States v. Manuel, 2007 U.S. Dist. LEXIS 66556 (E.D. Pa. September 7, 2007).*
San Diego's Sheriff cannot get summary judgment to get out of a strip search case from the jail because plaintiff has a claim that the jail is implementing the policies of the Sheriff. Bacon v. Kolender, 2007 U.S. Dist. LEXIS 66274 (S.D. Cal. September 6, 2007).*
Defendant was subjected to a private search by somebody acting without the encouragement of law enforcement, so the motion to suppress was denied. United States v. Sheridan, 2007 U.S. Dist. LEXIS 66460 (N.D. Iowa September 7, 2007).*
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