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]