Does a violation of section 3109 of the Fourth Amendment apply to the exclusion of evidence gathered during the offensive search?
MultiRegion, United States of America
The following excerpt is from U.S. v. Ramos, 923 F.2d 1346 (9th Cir. 1991):
19 Of course, violation of section 3109 does not necessarily lead to the exclusion of the evidence gathered during the offensive search. It is by no means certain that the protections afforded suspects by section 3109 exactly parallel those assured by the fourth amendment. See United States v. Lockett, 919 F.2d 585, 588-90 (9th Cir.1990).
20 Again, we apply special scrutiny when reviewing government-prepared findings and conclusions. See supra note 8.
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