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AR: While exclusionary rule does not generally apply to revo proceedings, it can apply to bad faith searches to revoke

By John Wesley Hall, Jr.

While the exclusionary rule generally does not apply to revocation proceedings, a bad faith probation search can apply the exclusionary rule. Sherman v. State, 2009 Ark. LEXIS 186 (May 14, 2009): Today, we take the opportunity to hold, as we suggested by way of dicta in Dabney, that the exclusionary rule does not apply to revocation hearings unless the defendant demonstrates that the officers conducting the search acted in bad faith. We refer to the exception as a bad-faith exception so that it is not confused with the Leon good-faith exception, which has no application in revocation proceedings. Further, we make no distinction between the different types of revocation proceedings and hold that the bad-faith exception applies to all revocation proceedings...continue to full post

Full post as published by Fourth Amendment on May 26, 2009 (boomark / email).