Wednesday, August 23, 2006
Exclusionary rule reaches evidence of identity
Barbara Mandell, a federal public defender from New Mexico successfully defended a suppression order in U.S. v. Olivares-Rangel. The Tenth Circuit agreed that evidence of identity should be subject to the exclusionary rule, rejecting the government's claim that such evidence should fall under the rule that you can't suppress a person even if their arrest was illegal. The Tenth Circuit agreed that the rule only says that a defendant can't claim the trial court lacks jurisdiction over his person after an illegal arrest.