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IL: Suppressed evidence in another case could be used in sentencing

By John Wesley Hall, Jr.

Evidence suppressed in a prior case could be used in sentencing in another case. The exclusionary rule should not be applied to prevent evidence from being used in a subsequent sentencing. People v. Rose, 2008 Ill. App. LEXIS 861 (August 13, 2008), released for publication September 26, 2008: We now discuss defendant's rights regarding the suppressed evidence. The judicially created exclusionary rule generally serves to prevent evidence obtained in violation of the fourth amendment from being used in a criminal proceeding against the individual whose constitutional rights were violated. Illinois v. Krull, 480 U.S. 340, 347, 94 L. Ed. 2d 364, 373, 107 S. Ct. 1160, 1165 (1987). The central purpose of the exclusionary rule is to deter the police from acting unlawfully in the future, thereby effectuating the fourth amendment guarantee against unreasonable searches and seizures...continue to full post

Full post as published by Fourth Amendment on October 04, 2008 (boomark / email).