Does the exclusionary rule apply to cases such as the one at bar in which the purpose of the police activity is neither the prosecution nor prevention of crime?

California, United States of America


The following excerpt is from People v. Scott, 128 Cal.Rptr. 39, 16 Cal.3d 242, 546 P.2d 327 (Cal. 1976):

[16 Cal.3d 262] The exclusionary rule should be subject to reasonable restrictions, one of which, in my view, should limit the rule to its correct regulatory role. It should not apply to cases such as the one at bar in which the purpose of the police activity is neither the prosecution nor prevention of crime. This limitation may, on occasion, raise difficult problems of proof, but this difficulty is a common one in the law (see, e.g., People v. Brisendine, supra, 13 Cal.3d 528 at pp. 534--535, 119 Cal.Rptr. 315, 531 P.2d 1099) and is not so acute as to require automatic application of an overbroad rule, the effect of which tends to sacrifice other important societal interests.

Other Questions


What is the law on unanimity in a criminal case where the evidence of a crime is only a single crime but the evidence supports the theory of the crime? (California, United States of America)
Does a complaint to the police department asserting misconduct by a police officer constitute a crime prescribed under California Penal Code section 148.5 of reporting to police officer that a felony or misdemeanor has been committed? (California, United States of America)
When will a court reverse a finding that the exclusion of testimony by two police officers from the prosecution's case in the case in which they witnessed appellant committing a vehicle code violation? (California, United States of America)
In a contract impairment case arising out of section 340.9(1) of the California Civil Code of Civil Procedure Act, is there any case law where the court has found that the provision does not apply to all cases? (California, United States of America)
In a contract impairment case arising out of section 340.9(1) of the California Civil Code of Civil Procedure Act, is there any case law where the court has found that the provision does not apply to all cases? (California, United States of America)
Is there any case law or case law that supports the argument that a prosecution case is reasonable in its entirety? (California, United States of America)
Can a defendant move for acquittal on the grounds that the prosecution failed to prove a prima facie case at the close of the prosecution's case-in-chief? (California, United States of America)
Is a new federal constitutional rule for the conduct of criminal prosecutions, like that of the Payne case, to apply retroactively to all cases, state or federal? (California, United States of America)
What is the risk to be avoided if the evidence of a lesser but inflammatory crime is used to bolster a weak prosecution case on another crime? (California, United States of America)
Does section 654 of the California Criminal Code apply where the prosecution failed to charge one of the crimes at the outset, but then subsequently prosecuted on the subsequent charge of possessing a .22 handgun? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.