What is the test for inadmissible evidence in a civil case where evidence was obtained in violation of a search warrant?

California, United States of America


The following excerpt is from People v. Pifer, 216 Cal.App.3d 956, 265 Cal.Rptr. 237 (Cal. App. 1989):

"It is elemental that the illegality tainting evidence and rendering it inadmissible is illegality flowing from the violation of a defendant's[216 Cal.App.3d 963] constitutional rights--primarily those involving unlawful searches and seizures in violation of the Fourth Amendment to the United States Constitution and the essentially identical guarantee of personal privacy set forth in article I, section 19, of the California Constitution. [Citations.] Evidence obtained in violation of a statute is not inadmissible per se unless the statutory violation also has a constitutional dimension." (See also People v. French (1978) 77 Cal.App.3d 511, 522, 143 Cal.Rptr. 782.)

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