{"id":2113,"date":"2009-02-11T09:29:30","date_gmt":"2008-05-30T17:26:57","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-05-30T17:26:57","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2113","title":{"rendered":"Shooting of officer during illegal entry cannot be suppressed"},"content":{"rendered":"

Shooting an officer during an illegal entry would not be suppressed. It is not exploitation of the prior illegality. State v. Deisz<\/a>, 145 Idaho 826, 186 P.3d 682 (App. 2008):<\/p>\n

Although the officers acquired evidence of Deisz’s violent actions in close temporal proximity to their allegedly unlawful intrusion, this close temporal proximity is outweighed by the other factors in the Brown<\/em> test. In Schrecengost<\/em>, this Court held that Schrecengost’s actions–grabbing contraband seized from her at jail and attempting to flush it down the toilet after an illegal arrest–were her own and were independent of any police coercion caused by the illegal arrest and search for evidence. Accordingly, the intervening circumstance factor strongly militated against suppression. Schrecengost<\/em>, 134 Idaho at 550, 6 P.3d at 406. Likewise, Deisz’s independent illegal acts of shooting one officer and aiming his gun at another were his own actions independent of any police coercion caused by the intrusion into his residence. We do not accept Deisz’s assertion that the officers’ intrusion was stealthy and therefore precipitated his illegal actions. Deisz averred in his affidavit that the officers did not knock or announce they were entering through the garage entrance. The record before us, however, does not contain evidence contradicting the officers’ testimony that they contacted Deisz over a cellular telephone and that they announced their presence just prior to when he shot at them. Finally, suppressing evidence related to Deisz’s shooting at the officers would not provide any deterrent effect to illegal police conduct. The rationale of the exclusionary rule is that police officers, knowing that unlawfully discovered evidence will be excluded at a subsequent trial, will avoid illegal conduct to the best of their ability. Id.<\/em> at 550, 6 P.3d at 406. The police in the instant case did not enter Deisz’s residence with the expectation that he would shoot at them and they would obtain evidence of that criminal activity.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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