What is the attenuation exception to the exclusionary rule?

California, United States of America


The following excerpt is from People v. Wejbe, G054889 (Cal. App. 2018):

"[E]xclusion may not be premised on the mere fact that a constitutional violation was a 'but-for' cause of obtaining evidence." (Hudson v. Michigan, supra, 547 U.S. at p. 592.) Based on our analysis of the factors governing application of the attenuation exception to the exclusionary rule - particularly the absence of bad faith by the officers involved in Wejbe's detention - we conclude the exception applies and there is no basis to apply the rule in this case. Accordingly, the trial court erred in granting Wejbe's motion to suppress and dismissing the case.1

The judgment is reversed and the matter is remanded for proceedings consistent with this opinion.

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