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IL: Exclusionary rule does not apply to a forcible entry and detainer action

By John Wesley Hall, Jr.

The exclusionary rule did not apply to a forcible entry and detainer action to remove defendant from a publicly owned apartment building for drug usage on the premises. United States Residential Mgmt. & Dev. v. Head, 2009 Ill. App. LEXIS 1262 (December 18, 2009): The present case is distinguishable from One 1958 Plymouth Sedan. Here, the focus of the Act is not to punish defendant, but rather to set forth a mechanism for the peaceful adjudication of possession rights in the circuit court. In addition, while defendant may be subjected to a harsh consequence – losing his residence–-this consequence does not transform this civil proceeding into a quasi-criminal proceeding. When the Supreme Court denied extending the exclusionary rule in Immigration and Naturalization Service v...continue to full post

Full post as published by Fourth Amendment on December 28, 2009 (boomark / email).