California, United States of America
The following excerpt is from People v. Superior Court (Sosa), 145 Cal.App.3d 581, 194 Cal.Rptr. 525 (Cal. App. 1983):
Although the trial court apparently failed to undertake the inquiry mandated, the record before us is of sufficient detail and depth from which a determination may be made. It is thus unnecessary to remand to the case for further factual findings. (Brown v. Illinois, supra, 422 U.S. at p. 604, 95 S.Ct. at p. 2262.)
This case presents extremes. It would be difficult to envision more lawless police conduct. (We note that although the trial court sat in Fresno, the police misconduct involved no local law enforcement agency.) Generally, the more offensive the police misconduct the greater the need for deterrence and, consequently, the broader the application of the exclusionary rule. (Brown v. Illinois, supra, 422 U.S. at pp. 603-604, fn. 9, 95 S.Ct. at pp. 2261-2262, fn. 9; see Comment (1967) 115 U.Pa.L.Rev. 1136, 1148-1151.)
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