How does the exclusionary rule apply in conservatorship cases?

California, United States of America


The following excerpt is from Conservatorship of Susan T., 36 Cal.Rptr.2d 40, 8 Cal.4th 1005, 884 P.2d 988 (Cal. 1994):

The exclusionary rule is based on the principle that the state should not profit from its own wrong in using evidence obtained by unconstitutional methods. (Emslie v. State Bar, supra, 11 Cal.3d 210, 226-227, 113 Cal.Rptr. 175, 520 P.2d 991.) Accordingly, a key consideration in determining whether the exclusionary rule should apply is the extent to which exclusion would deter unconstitutional searches and seizures. (Ibid.) The majority conclude that the deterrent effect of applying the exclusionary rule in LPS conservatorship cases is merely theoretical. I disagree.

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