The following excerpt is from United States v. Cano, 19-50240 (9th Cir. 2021):
3. The district court did not err by not dismissing the indictment based on Fourth Amendment violations and alleged misconduct by law enforcement. Dismissal is a "drastic" and "disfavored" remedy. United States v. Jacobs, 855 F.2d 652, 655 (9th Cir. 1988). Although serious, the police conduct at issue was not "so grossly shocking and so outrageous as to violate the universal sense of justice" to require dismissal on due process grounds. United States v. O'Connor, 737 F.2d 814, 817 (9th Cir. 1984) (cleaned up). Dismissal under the court's supervisory powers was not merited because any Fourth Amendment violations were adequately remedied by the government's dismissal of several counts of the indictment and the exclusion of evidence from the unlawful motel room search. See United States v. Barrera-Moreno, 951 F.2d 1089, 1092 (9th Cir. 1991).
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