How has the exclusionary rule been interpreted in the context of a search warrant application?

California, United States of America


The following excerpt is from Arron C., In re, 59 Cal.App.4th 1365, 69 Cal.Rptr.2d 852 (Cal. App. 1997):

The result we reach here is consistent with at least one California case that has considered a similar issue. In People v. Tellez (1982) 128 Cal.App.3d 876, 180 Cal.Rptr. 579, the police conducted a search based on information from a parole officer who said the defendant was subject to a search [59 Cal.App.4th 1372] condition. Although that information later proved to be incorrect, the court declined to apply the exclusionary rule because the searching officers had acted "reasonabl[y]" and in "good faith" on the information from the parole officer. (Id. at p. 880, 180 Cal.Rptr. 579.)

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