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CO: Exclusionary rule did not apply to a dependency and neglect proceeding

By John Wesley Hall, Jr.

Exclusionary rule did not apply to a dependency and neglect proceeding which is a civil case. State, in the Interest of A.E.L. & K.C.-M., 2008 Colo. App. LEXIS 357 (March 6, 2008): Thus, whether the exclusionary rule applies in a civil case in Colorado requires the trial court to weigh the deterrent benefits of applying the rule against the societal cost of excluding relevant evidence. Id. at 519-20. "There is no 'bright line' to determine when the rule should apply, and courts must apply the Janis analytic framework on a case by case basis." Id. at 520. The assessment requires a fact-specific analysis and usually involves two considerations: (1) whether the illegal agency conduct is "inter-sovereign" or "intra-sovereign"; and (2) whether the proceedings may be characterized as "quasi-criminal...continue to full post

Full post as published by Fourth Amendment on March 08, 2008 (boomark / email).