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CA9: Violation of OR law on detaining suspected illegal aliens did not make a stop an egregious violation of the Fourth Amendment

By John Wesley Hall, Jr.

Officer’s violation of a state statute that police departments cannot spend money “for the purpose of detecting or apprehending persons whose only violation of law is that they are persons of foreign citizenship present in the United States in violation of federal immigration laws” was still not an egregious violation of the Fourth Amendment justifying applying the exclusionary rule. The Fourth Amendment issue was unclear, too. Martinez-Medina v. Holder, 2011 U.S. App. LEXIS 5341 (9th Cir. March 11, 2011): Generally, the exclusionary rule does not apply in civil deportation proceedings to evidence obtained in violation of the Fourth Amendment. Id. at 1050. An exception to this rule exists where the Fourth Amendment violation is egregious...continue to full post

Full post as published by Fourth Amendment on March 21, 2011 (boomark / email).