Does the exclusionary rule apply to information obtained through the illegal search?

California, United States of America


The following excerpt is from People v. Cuevas, B264710 (Cal. App. 2016):

655-656.) The exclusionary rule ordinarily requires the exclusion of not only what was seized during the search, but also any derivative evidence discovered through information obtained during the illegal search. (People v. Williams (1988) 45 Cal.3d 1268, 1299.)

Other Questions


If a search warrant is obtained to search a house for shoes and/or clothes in connection with 5/9 Brims gang colors, is the search warrant supported by other lawfully obtained information? (California, United States of America)
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
Does the exclusionary rule apply to statements and evidence obtained as a product of an illegal search and seizure? (California, United States of America)
Does the exclusionary rule apply to evidence obtained as a direct result of an illegal search or seizure? (California, United States of America)
Does the exclusionary rule apply in determining the admissibility of evidence obtained in a probation search by the legal status of the probationer at the time of the search? (California, United States of America)
Can the exclusionary rule apply retroactively to a grand jury indictment based on evidence obtained from an illegal search? (California, United States of America)
Is a search warrant obtained upon information acquired by an illegal search warrant invalid? (California, United States of America)
Can a search warrant be obtained prior to obtaining the search warrant? (California, United States of America)
Does the exclusionary rule apply when a search warrant is obtained without the consent of an individual? (California, United States of America)
Does the exclusionary rule apply to suppress gun evidence obtained during a search? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.