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Exclusionary rule does not apply to driver?s license revocation proceedings

By John Wesley Hall, Jr.

Exclusionary rule does not apply to driver’s license revocation proceedings under the Fourth Amendment or the Kansas Constituion. Martin v. Kansas Dept. of Revenue, 2008 WL 268915 (Kan. February 1, 2008). A habeas action under 28 U.S.C. § 2241 does not lie to adjudicate a Fourth Amendment claim or any other of the merits of a state criminal case before the state case is disposed of. Barlow v. Mississippi, 2008 U.S. Dist. LEXIS 6892 (S.D. Miss. January 30, 2008): Notwithstanding the petitioner's failure to exhaust his available state remedies and his argument that this court should not require him to do so, "federal habeas corpus does not lie, absent 'special circumstances', to adjudicate the merits of an affirmative defense to a state criminal charge prior to a judgment of conviction by a state court...continue to full post

Full post as published by Fourth Amendment on February 02, 2008 (boomark / email).