Is exclusionary rule deterrence of unlawful police conduct?

California, United States of America


The following excerpt is from People v. Rudin, 143 Cal.Rptr. 360, 77 Cal.App.3d 139 (Cal. App. 1978):

The basic question is whether the purpose of the exclusionary rule deterrence of unlawful police conduct (Lockridge v. Superior Court, 3 Cal.3d 166, 171, 89 Cal.Rptr. 731, 474 P.2d 683) demands suppression of evidence found during the execution of a valid search warrant for the sole reason that the police gained entrance into the premises searched through a ruse which arguably involved a technical violation of a federal statute. Put differently: should a California court pay the price of rejecting probative evidence in order to deter California law enforcement personnel from violating a federal statute where the violation does not directly affect the legality of the search, but only goes to the collateral issue of the manner in which the premises searched were entered? We think not.

Other Questions


In what circumstances will the court decline to rule on the legality of the police conduct after the occupants of a car were ordered from a garage by the police? (California, United States of America)
Does a complaint to the police department asserting misconduct by a police officer constitute a crime prescribed under California Penal Code section 148.5 of reporting to police officer that a felony or misdemeanor has been committed? (California, United States of America)
Can evidence obtained as a result of an unlawful search or other illegal police conduct be inadmissible? (California, United States of America)
Does the exclusionary rule apply when the police conduct a search in "objectively reasonable reliance" on a warrant later held invalid? (California, United States of America)
What is the exclusionary rule regarding derivative evidence acquired as a direct or indirect result of unlawful conduct? (California, United States of America)
How have we conducted our conduct in determining whether there were errors in two police officers' files? (California, United States of America)
Does the exclusionary rule apply in a revocation hearing where a police officer or parole officer has conducted an illegal search? (California, United States of America)
What is the test for a police misconduct finding that police conduct does not serve a reasonable interest? (California, United States of America)
What is the test for removing taint from evidence obtained directly as a result of unlawful police conduct? (California, United States of America)
Can minors who were escorting out of a fair when the police failed to properly investigate their conduct have the burden of proving that the police were acting lawfully? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.