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OR: Excusionary rule not applied in dependency proceeding

By John Wesley Hall, Jr.

The exclusionary rule would not be applied to exclude evidence of a father's drug use in a dependency proceeding because it was a civil case and he had an insufficient liberty interest involved. State ex rel. HHS v. W.P. (In re W. L. P), 2009 Ore. LEXIS 5 (February 5, 2009): We turn to a consideration of the nature of father's liberty interest in this juvenile dependency proceeding. Obviously, this is not a criminal proceeding. See Geist, 310 Ore. at 188 (holding that proceeding to terminate parental rights, which is one possible outcome of a juvenile dependency proceeding, is not a criminal prosecution). Neither is it like the probation revocation proceeding in Rogers, because father does not face incarceration or similar criminal law sanctions as a result of this proceeding...continue to full post

Full post as published by Fourth Amendment on February 09, 2009 (boomark / email).