Does the exclusionary rule apply to exclude false statements from the search warrant affidavit?

California, United States of America


The following excerpt is from People v. Cook, 134 Cal.Rptr. 484, 64 Cal.App.3d 354 (Cal. App. 1976):

The purposes of the exclusionary rule are fully satisfied by excluding the false statements from consideration. (See People v. Cahan, 44 Cal.2d 434, 445-448, 282 P.2d 905; People v. Valenti, 49 Cal.2d 199, 203, 316 P.2d 633.) Where the remaining unobjectionable facts stated in the affidavit support issuance of the warrant and the validity of the search, to automatically quash the warrant is entirely unnecessary and would only penalize the public.

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