{"id":9278,"date":"2013-08-17T08:19:44","date_gmt":"2013-08-17T07:56:31","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-08-17T07:56:31","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=9278","title":{"rendered":"DC: Subsequent crime after 4A violation not suppressed"},"content":{"rendered":"

After an illegal search produced evidence of suborning perjury, there was no reason for the exclusionary rule to apply because there was nothing to deter. Also, there was no objection at trial, so the plain error rule applies. Essentially, subsequent criminality after a Fourth Amendment violation won\u2019t be suppressed because the deterrence rationale does not apply. (This is the D.C. court’s first time to deal with the subsequent criminality issue.) Silver v. United States<\/a>, 2013 D.C. App. LEXIS 500 (August 15, 2013):<\/p>\n

<\/p>\n

In applying that test in this case, suppression would be warranted only if we could reasonably conclude that the officers conducted the unlawful search with the expectation that Silver would subsequently attempt to persuade another to “take the charge” for him. Because there is no evidence in the record from which a reasonable person could conclude that the police misconduct would lead appellant to attempt to obstruct justice by suborning perjury, we are satisfied that “[a]ny incremental deterrent effect that might be achieved by excluding relevant context evidence in the trial on [obstructing justice] is speculative at best.” United States v. Hunt, 244 F. Supp. 2d 1010, 1014 (S.D. Iowa 2003) (permitting admission of evidence regarding the circumstances surrounding unlawful search and seizure of defendant in trial for obstructing justice where the same evidence was suppressed for PWID counts), aff’d, 372 F.3d 1010 (8th Cir. 2004). Accordingly, we see no error in the trial court’s admission of the evidence of the search and discovery of the drugs under any standard of review.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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