{"id":2811,"date":"2009-05-20T08:20:34","date_gmt":"2008-12-28T08:25:04","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-12-27T19:10:33","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2811","title":{"rendered":"OH6: SW issued without PC, but GFE saved it"},"content":{"rendered":"

Informant’s information was lacking corroboration, and the police here corroborated only neutral details. The affidavit was not so lacking in PC, however, that the good faith exception did not save it. State v. Nunez<\/a>, 2008 Ohio 6806, 180 Ohio App. 3d 189 (6th Dist. December 19, 2008).*<\/p>\n

Informant here satisfied Tennessee’s Aguilar<\/a>\/Spinelli<\/a>. State v. Currie<\/a>, 2008 Tenn. Crim. App. LEXIS 986 (December 18, 2008).*<\/p>\n

Defendant’s new crime barred the exclusionary rule from applying in his case under Wong Sun<\/a>. State v. Iduarte<\/a>, 268 S.W.3d 544 (Tex. Crim. App. October 29, 2008), aff’g State v. Iduarte, 232 S.W.3d 133 (Tex. App.–Fort Worth 2007) (posted here<\/a>):<\/p>\n

The exclusionary rule was designed to protect individuals from the use at trial of evidence that was obtained in an unlawful manner. See Wong Sun<\/a>, 371 U.S. at 486. It does not, however, provide limitless protection to one who chooses to react illegally to an unlawful act by a state agent. Id. If that were allowed, the genuine protection that the exclusionary rule provides would be undermined. Here, evidence of the charged offense did not exist before the officer’s challenged actions because the charged offense had not yet occurred; the evidence showed a subsequent independent criminal act that was not causally connected to any unlawful entry by a state agent. Therefore, the exclusionary rule does not apply to this case. <\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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