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S.D.Ill.: Exclusionary rule still viable in any civil cases?

By John Wesley Hall, Jr.

One court takes a dim view of the viability of the exclusionary rule in civil forfeiture cases. United States v. Real Property Located at 265 Falcon Road, Carbondale, Williamson County, Illinois, 2010 U.S. Dist. LEXIS 223 (S.D. Ill. January 4, 2010)*: Assuming (1) the exclusionary rule applies in civil forfeiture cases, see One 1958 Plymouth Sedan v. Pennsylvania, 380 U.S. 693, 702, 85 S. Ct. 1246, 14 L. Ed. 2d 170 (1965) 1, .... 1 This has been called into question, see United States v. Marrocco, 578 F.3d 627, 642 (7th Cir. 2009) (Easterbrook, C.J., concurring) (citing INS v. Lopez-Mendoza, 468 U.S. 1032, 104 S. Ct. 3479, 82 L. Ed. 2d 778 (1984); United States v. Janis, 428 U.S. 433, 96 S. Ct. 3021, 49 L. Ed. 2d 1046 (1976)). [Note: This would only qualify as a weak "cf...continue to full post

Full post as published by Fourth Amendment on January 09, 2010 (boomark / email).