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MS applies a sliding scale to the exclusionary rule? Interesting take in a multiple offender DUI case

By John Wesley Hall, Jr.

Officer’s arrest of defendant for DWI slightly outside of the officer’s jurisdiction is something not subject to the exclusionary rule. Here, the exclusionary rule is weighed against the defendant’s repeated inability to conform his conduct to the law, so why should he benefit from exclusion? Delker v. State, 2010 Miss. LEXIS 529 (October 7, 2010): P3. A Fourth Amendment violation does not automatically precipitate the exclusion of evidence. Rather, it sets into motion a separate inquiry, i.e., whether application of the exclusionary rule outweighs the costs to society in allowing the criminal to be set free. See Herring, 129 S. Ct. at 700 (quoting Hudson v. Michigan, 547 U.S. 586, 591, 126 S. Ct. 2159, 165 L. Ed. 2d 56 (2006)) (“exclusion ‘has always been our last resort, not our first impulse’”)...continue to full post

Full post as published by Fourth Amendment on October 12, 2010 (boomark / email).