Does the exclusionary rule apply to exclude evidence that the search result was deliberate or deliberate?
California, United States of America
The following excerpt is from People v. Kidd, 248 Cal.Rptr.3d 234, 36 Cal.App.5th 12 (Cal. App. 2019):
People v. Macabeo (2016) 1 Cal.5th 1206, 1225-1226, 211 Cal.Rptr.3d 34, 384 P.3d 1189 [excluding evidence resulting from search that was "deliberate," rather than "the result of negligence" or from mistake in applying confusing and complex new law].) The trial court's suppression of the evidence in this case serves the policy objectives of the exclusionary rule as articulated in Robinson and Herring.
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