How is the exclusionary rule applied in civil cases?
MultiRegion, United States of America
The following excerpt is from U.S. v. Shephard, 21 F.3d 933 (9th Cir. 1994):
Our inquiry is conducted by means of a three-factor test. First, we consider the proximity of the illegal arrest with the seizure of the evidence. Second, we consider whether there were independent intervening events that led the police to the evidence. Third, we consider the effect of suppression on the exclusionary rule's purpose of deterring police misconduct. See United States v. Jones, 608 F.2d 386, 391 (9th Cir.1979). The three factors are closely interrelated.
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