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Wednesday, January 31, 2007

Ninth Circuit Says Exclusionary Rule Does Not Apply to Officers Who Fail to Show Search Warrant to Resident

From Criminal Law Reporter: The reasoning behind the U.S. Supreme Court's controversial decision in 2006 not to apply the exclusionary rule to violations of the Fourth Amendment's knock-and-announce rule carries over, the Ninth Circuit says, to other circumstances where a valid search warrant was executed in an unconstitutional manner.

The case involves a Fourth Amendment rule, recognized in circuit caselaw, that requires officers executing a search warrant to serve a copy of it at the premises. Bypassing a ruling on the continuing vitality of this rule, the Ninth Circuit instead relies on Hudson v. Michigan for the idea that the causal connection between a violation of the rule and a seizure of evidence pursuant to the warrant is too attenuated to justify suppression

Read More. . . [Mark Godsey]

http://lawprofessors.typepad.com/crimprof_blog/2007/02/ninth_circuit_s.html

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Comments

a family member was coerced into signing a consent to seize his computer. The family member is an adult that resides with a parent. the person does not pay rent or utilities. He cares for his mother due to her illness. On the night in question, he was told that if he didnt sign the consent form, they would get a search warrant, break down the door, go through anything they wanted, take anything they wanted, and since his mother was in poor health they felt she would not be able to take it. They drove to his home, took his keys and entered the apartment while he sat in the police car. Is this legal. He does not pay rent and the home is rented to his mother not him. Did the police break the law by entering the apartment without proper permission.
Two weeks later, they obtained a search warrant to search the computer. The warrant was to expire 30 days after. the search was not started until 5 months later. What can be done?

Posted by: Greg | Feb 7, 2007 5:49:32 PM

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