What is the test for exclusionary rule in the context of search and seizure?

California, United States of America


The following excerpt is from People v. Gardon, C077849 (Cal. App. 2016):

The exclusionary rule safeguards Fourth Amendment rights through its deterrent effect. (Herring v. United States (2009) 555 U.S. 135, 139-140 [172 L.Ed.2d 496] (Herring).) But not every Fourth Amendment violation warrants exclusion. (Id. at p. 140.) "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." (Id. at p. 144.)

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