Under what circumstances will a federal court only apply the exclusionary rule in a habeas proceeding?
MultiRegion, United States of America
The following excerpt is from Karis v. Vasquez, 828 F. Supp. 1449 (E.D. Cal. 1993):
Similarly, under federal law, a federal court will only apply the exclusionary rule in a habeas proceeding upon a showing that (1) the state prisoner was denied an opportunity for a full and fair litigation of his or her fourth amendment claim; and (2) there has been a fourth amendment violation. Stone v. Powell, 428 U.S. 465, 495 n. 37, 96 S.Ct. 3037, 3052 n. 37, 49 L.Ed.2d 1067 (1976).
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