Is the exclusionary rule applicable to other defendants?

California, United States of America


The following excerpt is from Kaplan v. Superior Court of Orange County, 15 Cal.App.3d 785, 93 Cal.Rptr. 482 (Cal. App. 1971):

'The necessity for that predicate was not eliminated by recognizing and acknowledging the deterrent aim of the rule. [Citations.] Neither those cases nor any others hold that anything which deters illegal searches is thereby commanded by the Fourth Amendment. The deterrent values of preventing the incrimination of those whose rights the police have violated have been considered sufficient to justify the suppression of probative evidence even though the case against the defendant is weakened or destroyed. We adhere to that judgment. But we are not convinced that the additional benefits of extending the exclusionary rule to other defendants would justify further encroachment upon the public interest in prosecuting those accused of crime and having them acquitted or convicted on the basis of all the evidence which exposes the truth.' (Alderman v. United States, supra, U.S. at pp. 171-172, 174-175, 89 S.Ct. at pp. 965, 967, 22 L.Ed.2d at pp. 185-187.)

Other Questions


Does Defendant have any grounds to argue that the Court's recent rulings in a civil case against the Defendant violated the Defendant's civil rights? (California, United States of America)
How have the courts dealt with a motion to strike a defendant's application to appeal against the court's order that defendant pay fees and fines? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
Is a claim for damages brought by defendant in a personal injury action brought by plaintiff against defendant in the Superior Court of Appeal against Defendant in a civil case? (California, United States of America)
Is there any case law in which a defendant is successful in his claim that the Defendant failed to properly evaluate the Defendant's evidence? (California, United States of America)
What is the effect of section 27706(a) of the California Criminal Code on the appointment of a public defender to defend a defendant in an appeal from a misdemeanor conviction? (California, United States of America)
Does a court abuse its discretion in denying a defendant's application for funds for a polygraph expert to administer a test on defendant? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
What is the test for reversing a finding that a defendant who has been ordered to amend his application by a federal judge who found that the application was unenforceable because of the joinder effect? (California, United States of America)
What is the impact of a defendant's out-of-court discussions with other defendants? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.