Does the exclusionary rule apply in the context of privacy protection cases?

MultiRegion, United States of America

The following excerpt is from Stowe v. Devoy, 588 F.2d 336 (2nd Cir. 1978):

13 United States v. Morrow, supra, 537 F.2d at 139. Stowe argues that exclusion would deter further Canadian intrusions upon the privacy of American citizens. However, the exclusionary rule, as a deterrent sanction, is not applicable where a private party or a foreign government commits the offending act. United States v. Janis, 428 U.S. 433, 455-56 n.31, 96 S.Ct. 3021, 49 L.Ed.2d 1046 (1976). Rather, the exclusionary rule is intended to inculcate a respect for the police of our own nation. United States v. Cotroni, supra, 527 F.2d at 713. Since it has little if any deterrent effect upon foreign police, See United States v. Welch, 455 F.2d 211, 213 (2d Cir. 1972), it is seldom used to bar their work product. United States v. Cotroni, supra, 527 F.2d 713.

Other Questions


Is there any case law protecting against double jeopardy in the context of criminal cases? (MultiRegion, United States of America)
Does the Equal Protection Clause in the Fifth Amendment apply in the context of discrimination cases? (MultiRegion, United States of America)
How does section 2K2.1(b)(5) of the Criminal Code apply in the context of firearms possession cases? (MultiRegion, United States of America)
Does the statutory presumption in the context of personal injury cases apply to children who are injured in accidents? (MultiRegion, United States of America)
Does the exclusionary rule apply in the context of physical evidence seized in violation of the Fourth Amendment? (MultiRegion, United States of America)
How have courts interpreted the case law in the context of abortion cases? (MultiRegion, United States of America)
Does the "good faith" exception to the fourth amendment's exclusionary rule apply to this case? (MultiRegion, United States of America)
In a sexual assault case, how have the jury instructions been interpreted in the context of sexual assault cases? (MultiRegion, United States of America)
What are some cases where the US Supreme Court has ruled in favour of a motion for a motion to dismiss a motion that would have prevented the use of the word "brawer" in the context of the Brawer case? (MultiRegion, United States of America)
How does the Fourth Amendment protect privacy in the context of a search warrant application? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.