Can evidence obtained in violation of the Fourth Amendment be used in a criminal proceeding against the victim of an illegal search and seizure?
MultiRegion, United States of America
The following excerpt is from United States v. Espudo, 954 F.Supp.2d 1029 (S.D. Cal. 2013):
United States v. Calandra, 414 U.S. 338, 348, 94 S.Ct. 613, 38 L.Ed.2d 561 (1974). Under this rule, evidence obtained in violation of the Fourth Amendment cannot be used in a criminal proceeding against the victim of the illegal search and seizure.... This prohibition applies as well to the fruits of the illegally seized evidence. Id. at 347, 94 S.Ct. 613 (internal citations omitted).
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