Does the exclusionary rule apply to evidence seized at the time of the search?

California, United States of America


The following excerpt is from People v. Kaanehe, 131 Cal.Rptr. 501, 60 Cal.App.3d 259 (Cal. App. 1976):

The same is true here. 'Both the deterrent purpose of the exclusionary rule and the reliance of law enforcement officers focus upon the time of the search, not any subsequent point in the prosecution, as the relevant date. Exclusion of . . . evidence seized before [the decision announcing a new rule] would increase the burden on the administration of justice, would overturn convictions based on fair reliance upon [the prior decision], and would not serve to deter similar searches and seizures in the future.' (Desist v. United States, supra, 394 U.S. at p. 253, 89 S.Ct. at p. 1036.)

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