Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

Shooting of officer during illegal entry cannot be suppressed

By John Wesley Hall, Jr.

Shooting an officer during an illegal entry would not be suppressed. It is not exploitation of the prior illegality. State v. Deisz, 2008 Ida. App. LEXIS 52 (May 27, 2008): Although the officers acquired evidence of Deisz's violent actions in close temporal proximity to their allegedly unlawful intrusion, this close temporal proximity is outweighed by the other factors in the Brown test. In Schrecengost, this Court held that Schrecengost's actions--grabbing contraband seized from her at jail and attempting to flush it down the toilet after an illegal arrest--were her own and were independent of any police coercion caused by the illegal arrest and search for evidence. Accordingly, the intervening circumstance factor strongly militated against suppression...continue to full post

Full post as published by Fourth Amendment on May 30, 2008 (boomark / email).