Can the exclusionary rule be invoked in the context of a search warrant application?
MultiRegion, United States of America
The following excerpt is from U.S. v. Rose, 570 F.2d 1358 (9th Cir. 1978):
" Second, if American law enforcement officials participated in the foreign search, or if the foreign authorities actually conducting the search were acting as agents for their American counterparts, the exclusionary rule can be invoked." United States v. Morrow, 537 F.2d 120, 139 (5th Cir. 1976). This circuit has stated the test of undue participation:
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