Does the exclusionary rule apply to an attorney's disciplinary proceeding?
California, United States of America
The following excerpt is from Pating v. Board of Medical Quality Assurance, 130 Cal.App.3d 608, 182 Cal.Rptr. 20 (Cal. App. 1982):
The exclusionary rule has specifically been held inapplicable to an attorney disciplinary proceeding. (Emslie v. State Bar (1974) 11 Cal.3d 210, 113 Cal.Rptr. 175, 520 P.2d 991.) The court then concluded that the purpose of the exclusionary rule is not fulfilled in most instances where it might be applied in disciplinary proceedings.
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