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Criminal Law

: Fourth Amendment

OH6: SW issued without PC, but GFE saved it

By John Wesley Hall, Jr.

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Informant's information was lacking corroboration, and the police here corroborated only neutral details. The affidavit was not so lacking in PC, however, that the good faith exception did not save it. State v. Nunez, 2008 Ohio 6806, 2008 Ohio App. LEXIS 5680 (6th Dist. December 19, 2008).* Informant here satisfied Tennessee's Aguilar/Spinelli. State v. Currie, 2008 Tenn. Crim. App. LEXIS 986 (December 18, 2008).* Defendant's new crime barred the exclusionary rule from applying in his case under Wong Sun. State v. Iduarte, 2008 Tex. Crim. App. LEXIS 1626 (October 29, 2008), aff'g State v. Iduarte, 232 S.W.3d 133 (Tex. App.--Fort Worth 2007) (posted here): The exclusionary rule was designed to protect individuals from the use at trial of evidence that was obtained in an unlawful manner...continue to full post

Full post as published by Fourth Amendment on December 28, 2008 (boomark / email).

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