Thursday, June 30, 2016

In Civil Rights Suits, Exclusionary Rule Does Not Apply

Officers facing lawsuits for unlawful arrest may use evidence that was that was suppressed during the plaintiff’s criminal trial as part of their defense

Lingo v. City of Salem, 2016 BL 204750, 9th Cir., No. 14-35344, 6/27/16.

    The Ninth Circuit, following suit of nearby circuit courts, ruled that evidence suppressed during a criminal proceeding can be used by the police officer in their defense during a civil suit for unlawful arrest. The court stated that the exclusionary rule is not a personal right by noting that it does not apply in grand jury proceedings, civil tax cases, or civil deportation actions. While the officer’s evidence could not be introduced during the criminal proceeding, for the purposes of a civil trial, the officer could still use the evidence to support their probable cause arrest.

   The circuit court also noted that the exclusionary rule already gave the plaintiff a large benefit during her criminal proceedings. By extending the rule to civil cases, the practical effect would be “increase[ing] state actors’ financial exposure in tort cases that happen to involve illegally seized evidence.” 

http://www.bloomberglaw.com/public/document/Lingo_v_City_of_Salem_No_1435344_2016_BL_204750_9th_Cir_June_27_2.

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