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E.D. Mich.: 404(b) evidence subject to exclusionary rule

By John Wesley Hall, Jr.

The Eastern District of Michigan concludes that the Sixth Circuit will hold that 404(b) evidence is subject to exclusion. The court determines, however, that it was legally seized. United States v. Campbell, 2009 U.S. Dist. LEXIS 33331 (E.D. Mich. April 20, 2009). On the 404(b) applicability, the court surveys many cases: The Court's independent research has not revealed any cases addressing the issue in the context of Miranda violations. However, several courts have addressed the question of whether the Fourth Amendment's exclusionary rule applies to 404(b) evidence and all of those courts agree that it does, at least under certain circumstances. See e.g., United States v. Hill, 60 F.3d 672 (10th Cir.), cert. denied, 516 U.S. 970, 116 S. Ct...continue to full post

Full post as published by Fourth Amendment on April 25, 2009 (boomark / email).