Does the exclusionary rule announced in People v. Rucker survive the passage of Proposition 8?

California, United States of America


The following excerpt is from People v. Morris, 192 Cal.App.3d 380, 237 Cal.Rptr. 402 (Cal. App. 1987):

[192 Cal.App.3d 387] However, this court recently held that the exclusionary rule announced in People v. Rucker, supra, did not survive the passage of Proposition 8. (See People v. Herbst (1986) 186 Cal.App.3d 793, 800, 233 Cal.Rptr. 123.) In any event, People v. Rucker, supra, is not dispositive in the instant case since resort to the applicable federal standard establishes that the interrogation of which defendant complains went beyond the limits of a permissible booking interview and constituted a violation of defendant's Miranda rights under federal law.

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