{"id":1749,"date":"2008-05-03T08:38:13","date_gmt":"2008-02-02T11:04:03","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-02-02T11:04:03","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=1749","title":{"rendered":"Exclusionary rule does not apply to driver\u2019s license revocation proceedings"},"content":{"rendered":"

Exclusionary rule does not apply to driver\u2019s license revocation proceedings under the Fourth Amendment or the Kansas Constitution. Martin v. Kansas Dept. of Revenue<\/a>, 285 Kan. 625, 176 P.3d 938 (2008).<\/p>\n

A habeas action under 28 U.S.C. \u00a7 2241<\/a> does not lie to adjudicate a Fourth Amendment claim or any other of the merits of a state criminal case before the state case is disposed of. Barlow v. Mississippi, 2008 U.S. Dist. LEXIS 6892 (S.D. Miss. January 30, 2008):<\/p>\n

Notwithstanding the petitioner’s failure to exhaust his available state remedies and his argument that this court should not require him to do so, “federal habeas corpus does not lie, absent ‘special circumstances’, to adjudicate the merits of an affirmative defense to a state criminal charge prior to a judgment of conviction by a state court.” Braden v. 30th Judicial Circuit Court of Kentucky<\/em>, 410 U.S. 484, 489, 93 S. Ct. 1123, 35 L. Ed. 2d 443 (1973). The United States Supreme Court made a distinction between a petitioner seeking to “abort a state proceeding or to disrupt the orderly functioning of state judicial processes,” id<\/em>. at 490, and “one who seeks only to enforce the state’s obligation to bring him promptly to trial.” Id.<\/em> (citing Smith v. Hooey<\/em>, 393 U.S. 374, 89 S. Ct. 575, 21 L. Ed. 2d 607 (1969)). The United States Court of Appeals for the Fifth Circuit in Brown v. Estelle<\/em>, 530 F.2d 1280, 1282-83 (5th Cir. 1976), held that the distinction is based on the type of relief requested by the petitioner. If the petitioner is attempting to prevent the prosecution of the case, then he is seeking to “abort a state proceeding or to disrupt the orderly functioning of state judicial processes.” Id.<\/em> If the petitioner is attempting to “force the state to go to trial,” then he is merely seeking to force the state to fulfill its obligation to provide petitioner with a prompt trial. Id.<\/em> It appears from the petitioner’s assertions that his Fourth Amendment rights have been violated is an attempt to assert “an affirmative defense to a state criminal charge prior to a judgment of conviction by a state court.” Braden<\/em>, 410 U.S. at 508-09. Furthermore, the petitioner’s request that the criminal charges against him be dismissed is found by this court to be an attempt to “abort a state proceeding or to disrupt the orderly functioning of state judicial processes.” Therefore, habeas corpus is not an available remedy.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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