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: Defense Newsletter Blog

Farias-Gonzalez: Identity Not Suppressible

By Tim Cone

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In U.S. v. Farias-Gonzalez, No. 08-10508 (Feb. 3, 2009), the Court held that "identity-related evidence," i.e., evidence of who the defendant is, obtained after an unconstitutional search and seizure, is not suppressible in a criminal prosecution.The Court assumed arguendo that a Fourth Amendment violation occurred when the defendant was told to lift his shirt, revealing identifying gang marks. The Court noted, however, that applying the cost-benefit analysis of the exclusionary rule, the exclusion of identity-related evidence is not justified, because the deterrence benefits do not outweigh the social costs.Permitting a defendant to hide who he is would undermine the administration of the criminal justice system, and preclude sentence enhancements based on prior criminal history...continue to full post

Full post as published by Defense Newsletter Blog on February 10, 2009 (boomark / email).

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