Is the exclusionary rule applied in this case?

California, United States of America


The following excerpt is from People v. Houston, 230 Cal.Rptr. 141, 42 Cal.3d 595, 724 P.2d 1166 (Cal. 1986):

3 Application of the exclusionary rule in this case is not affected by Proposition 8 (see Cal. Const., art. I, 28, subd. (d), as adopted by Initiative on June 8, 1982), since the conduct on which the criminal charge is based is alleged to have occurred well before the passage of the initiative. (See People v. Smith (1983) 34 Cal.3d 251, 262-263, 193 Cal.Rptr. 692, 667 P.2d 149.)

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