Does the exclusionary rule apply at sentencing?

MultiRegion, United States of America

The following excerpt is from U.S. v. Remsing, 874 F.2d 817 (9th Cir. 1989):

This court has held that whether the exclusionary rule should apply at sentencing depends on "whether the rule's purpose of deterring unlawful police conduct would be sufficiently furthered by exclusion to outweigh any detrimental effects of excluding the evidence." United States v. Larios, 640 F.2d 938, 941 (9th Cir.1981). Excluding such evidence has a detrimental effect upon sentencing because "[i]t deprives the district judge of information necessary to effectuate the federal policy of individualized sentencing." United States v. Vandemark, 522 F.2d 1019, 1021 (9th Cir.1975).

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