Can evidence obtained in violation of the Fourth Amendment be used in a criminal proceeding against the victim?

California, United States of America


The following excerpt is from The People v. Aguilera, No. B220825, No. LA056767 (Cal. App. 2011):

Evidence obtained in violation of the Fourth Amendment is subject to the judicially developed exclusionary rule precluding its use in a criminal proceeding against the victim of the illegal search and seizure. The primary purpose of the exclusionary rule is to deter future unlawful police conduct and effectuate the guarantee of the Fourth Amendment against unreasonable searches and seizures. (People v. Hull (1995) 34 Cal.App.4th 1448, 1453-1454.)

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