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CA4: Violation of the Electronic Communications Privacy Act is not subject to the exclusionary rule

By John Wesley Hall, Jr.

A violation of the Electronic Communications Privacy Act (ECPA) is not subject to the exclusionary rule. United States v. Clenney, 2011 U.S. App. LEXIS 2117 (4th Cir. February 3, 2011): Furthermore, even if Clenney had shown that Fernald violated the ECPA and Virginia law, the exclusionary rule would not be the appropriate remedy for these violations. As noted, “there is no exclusionary rule generally applicable to statutory violations.” United States v. Abdi, 463 F.3d 547, 556 (6th Cir. 2006); see United States v. Oriakhi, 57 F.3d 1290, 1295 n.1 (4th Cir. 1995). In the statutory context, suppression is a creature of the statute, and its availability depends on the statutory text: “The availability of the suppression remedy for ...continue to full post

Full post as published by Fourth Amendment on February 06, 2011 (boomark / email).