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ID: The exclusionary rule does not apply in civil child protection cases

By John Wesley Hall, Jr.

The exclusionary rule does not apply in child protection cases (citing a lot of cases from various jurisdictions). Idaho Dep't of Health & Welfare v. Doe, 2010 Ida. App. LEXIS 91 (November 4, 2010). Defendant’s implied consent was still valid despite the officer’s comment that if she didn’t comply with giving a breath test, a blood test would occur. State v. Leclercq, 2010 Ida. App. LEXIS 90 (November 5, 2010)*: Here, Trooper DeBie informed LeClercq of his intention to obtain a blood draw should she refuse to comply with the breath test. The unpleasantness of the available options did not render the officer’s statement coercive. The magistrate determined that while the officer’s use of the word “force” to describe what would happen if LeClercq refused the breath test was troubling, under the totality of the circumstances, the officer's actions were permissible...continue to full post

Full post as published by Fourth Amendment on November 12, 2010 (boomark / email).