Does the exclusionary rule apply to agents who did not read the actual warrant?
MultiRegion, United States of America
The following excerpt is from U.S. v. Negrete-Gonzales, 966 F.2d 1277 (9th Cir. 1992):
Our holding is consistent with the underlying purpose of the exclusionary rule. Although the agents erred in not reading the actual warrant to the judge, they did so at the insistence of the judge. Certainly, the agents played a role in the mistake, but the error was primarily the judge's. The exclusionary rule is designed to deter police misconduct, not that of judges and magistrates. See Illinois v. Krull, 480 U.S. 340, 349-52, 107 S.Ct. 1160, 1166-68, 94 L.Ed.2d 364 (1987).
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