{"id":51496,"date":"2022-02-09T07:05:33","date_gmt":"2022-02-09T12:05:33","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=51496"},"modified":"2022-02-09T07:05:33","modified_gmt":"2022-02-09T12:05:33","slug":"ca3-exclusionary-rule-doesnt-apply-to-sentencing-unless-enhancing-sentence-was-reason-for-the-search","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=51496","title":{"rendered":"CA3: Exclusionary rule doesn&#8217;t apply to sentencing unless enhancing sentence was reason for the search"},"content":{"rendered":"\n<p>The exclusionary rule doesn\u2019t apply to sentencing factors unless the illegal search was intended to enhance the sentence. United States v. Torres, 926 F.2d 321 (3d Cir. 1991). \u201c[W]e refused to follow Verdugo in Torres because the facts in Torres did not present a situation \u2018where the record showed that evidence was illegally seized for the purpose of enhancing the sentence.\u2019\u201d citing Verdugo v. United States, 402 F.2d 599 (9th Cir. 1968), cert. denied, 402 U.S. 961 (1971). <a href=\"https:\/\/www2.ca3.uscourts.gov\/opinarch\/211478np.pdf\">United States v. Gilliam<\/a>, 2022 U.S. App. LEXIS 3405 (3d Cir. Feb. 7, 2022).<\/p>\n\n\n\n<p>Officers came to this residence for a welfare check because they\u2019d heard there was a potential robbery and hostage situation inside. The SWAT team didn\u2019t show up because the officers were still looking. Some of their information was proving correct, and the occupants were slow coming to the door. The occupants consented to an entry, and the officers weren\u2019t limited to the living room. If a robbery were underway, it wouldn\u2019t be limited to the living room. United States v. Johnson, 2022 U.S. Dist. LEXIS 21679 (N.D.W.Va. Feb. 7, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The exclusionary rule doesn\u2019t apply to sentencing factors unless the illegal search was intended to enhance the sentence. United States v. Torres, 926 F.2d 321 (3d Cir. 1991). \u201c[W]e refused to follow Verdugo in Torres because the facts in Torres &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=51496\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3,14],"tags":[],"class_list":["post-51496","post","type-post","status-publish","format-standard","hentry","category-emergency-exigency","category-exclusionary-rule"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51496","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=51496"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51496\/revisions"}],"predecessor-version":[{"id":51497,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51496\/revisions\/51497"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=51496"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=51496"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=51496"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}