Does the exclusionary rule apply in a commitment proceeding?

California, United States of America


The following excerpt is from Christopher B., In re, 147 Cal.Rptr. 390, 82 Cal.App.3d 608 (Cal. App. 1978):

In People v. Moore (1968) 69 Cal.2d 674, 681, 72 Cal.Rptr. 800, 805, 446 P.2d 800, 805, a narcotic addict commitment proceeding, the court said: "Whether any particular rule of criminal practice should be applied . . . depends upon consideration of the relationship of the policy underlying [82 Cal.App.3d 614] the rule to the proceeding." The court in Moore held the exclusionary rule applicable due to the close identity of the commitment proceeding to the aims and the objectives of criminal law, and because of the deterrent effect of the rule's application.

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