Is suppression available in the prosecution of students when evidence has been illegally obtained but without police involvement?

California, United States of America


The following excerpt is from Gordon J. v. Santa Ana Unified Scool. Dist., 162 Cal.App.3d 530, 208 Cal.Rptr. 657 (Cal. App. 1984):

At least one court has tracked our reasoning to this point and then determined suppression is not available in the prosecution of students when evidence has been illegally obtained but without police involvement (State v. Young (1975) 234 Ga. 488, 216 S.E.2d 586). There it was held, "the mere fact that action is taken by state officials is not adequate to invoke the exclusionary rule even if that action violates the Fourth Amendment. As we noted above, the exclusionary rule does not reach so far as does the Fourth Amendment and the rule has not been applied save to action taken by law enforcement personnel. The tide is turning, we think properly, away from the exclusionary rule; and we decline to extend it to apply to searches by non-law

Page 665

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