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D.Ore: ICE entered room illegally then got consent, but court hesitates to apply exclusionary rule

By John Wesley Hall, Jr.

ICE agents illegally entered defendant’s hotel room to arrest him and then they obtained his consent. “‘[T]he question of whether the exclusionary rule applies is an issue separate from whether Fourth Amendment rights were violated.’ ... Suppression of evidence is only justified when the discovery of evidence results from illegal government action. ...” Supplemental briefing required on the exclusionary rule. United States v. Eggleston, 2010 U.S. Dist. LEXIS 72480 (D. Ore. July 19, 2010): A three-part test is employed to determine attenuation: (1) the temporal proximity between the illegality and the discovery of evidence, (2) the presence of any intervening circumstances, and (3) the purpose and flagrancy of the official misconduct...continue to full post

Full post as published by Fourth Amendment on July 22, 2010 (boomark / email).