Does the exclusionary rule apply to a civil action?

California, United States of America


The following excerpt is from City of San Clemente v. Goode, G048001 (Cal. App. 2015):

The exclusionary rule generally does not apply to civil actions but "only when the 'proceedings so closely [identify] with the aims of criminal prosecution as to be deemed "quasi-criminal." [Citations.]' [Citation.]" (Park v. Valverde (2007) 152 Cal.App.4th 877, 883 [rule not applicable to suspension of driver's license for drunk driving].) Defendant has not provided any authority to show this action to enjoin a nuisance is quasi-criminal nor have we found any. Thus, there is no basis for plaintiff to rely on the exclusionary rule, even assuming there was evidence of improper entry.

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