What is the exclusionary rule in the context of police misconduct?

California, United States of America


The following excerpt is from People v. Haven, C074940 (Cal. App. 2019):

(1976) 428 U.S. 465, 539-540 [49 L.Ed.2d 1067, 1114] (dis. opn. of White, J.).) "To trigger the exclusionary rule, police conduct must be sufficiently deliberate that exclusion can meaningfully deter it, and sufficiently culpable that such deterrence is worth the price paid by the justice system. As laid out in our cases, the exclusionary rule serves to deter deliberate, reckless, or grossly negligent conduct, or in some circumstances recurring or systemic negligence." (Herring v. United States (2009) 555 U.S. 135, 144 [172 L.Ed.2d 496, 507].)

Other Questions


What is the current state of the law on police failure to preserve physical evidence in the context of police misconduct? (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)
What is the city's position on the nonliability of a city's police chief of police for wrongful acts of misconduct? (California, United States of America)
Is a dismissed police officer entitled to a pension if he was dismissed for misconduct by the police commission prior to his final action on his application? (California, United States of America)
What is the effect of the vicarious exclusionary rule on police misconduct in search and seizure cases? (California, United States of America)
What is the test for impeaching a police officer who allegedly committed misconduct in the context of a robbery? (California, United States of America)
Does the exclusionary rule apply to police misconduct? (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 good faith exception in the context of police misconduct? (California, United States of America)
What is the exclusionary rule in the context of a police search? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.