judicially developed exclusionary rule (West Virginia) · Go Syfert
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judicially developed exclusionary rule in West Virginia

6 West Virginia opinions name it 1 courts 2002–2024 2 in the last five years

The cases below were cited by West Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Illinois v. Krullgreen
scotus · 1987 · cited in 6 West Virginia opinions naming this issue, 2002–2024
2 sentences

2016See State v. Clark, 232 W.Va. 480, 492-93 , 752 S.E.2d 907, 919-20 (2013) (reiterating that “‘[w]hen evidence is obtained in violation of the Fourth Amendment, the judicially developed exclusionary rule usually precludes its use in a criminal proceeding against the victim of the illegal search and seizure.’ Illinois v. Krull, 480 U.S. 340, 347 , 107 S.Ct. 1160 , 94 L.Ed.2d 364 (1987).”). 6 Aside from petitioner’s assertion in this regard, there is no evidence that petitioner is, in fact, a Bahamian national.

2016See State v. Clark, 232 W.Va. 480, 492-93 , 752 S.E.2d 907, 919-20 (2013) (reiterating that “‘[w]hen evidence is obtained in violation of the Fourth Amendment, the judicially developed exclusionary rule usually precludes its use in a criminal proceeding against the victim of the illegal search and seizure.’ Illinois v. Krull, 480 U.S. 340, 347 , 107 S.Ct. 1160 , 94 L.Ed.2d 364 (1987).”). 6 Aside from petitioner’s assertion in this regard, there is no evidence that petitioner is, in fact, a Bahamian national.

36
Illinois v. Rodriguezgreen
scotus · 1990 · cited in 3 West Virginia opinions naming this issue, 2002–2013
2 sentences

2013See Illinois v. Rodriguez, 497 U.S. 177, 183 , 110 S.Ct. 2793 , 111 L.Ed.2d 148 (1990) (Under the exclusionary rule “no evidence seized in violation of the Fourth Amendment [can] be introduced at [a defendant’s] trial unless he consents.”).

2013See Illinois v. Rodriguez, 497 U.S. 177, 183 , 110 S.Ct. 2793 , 111 L.Ed.2d 148 (1990) (Under the exclusionary rule “no evidence seized in violation of the Fourth Amendment [can] be introduced at [a defendant’s] trial unless he consents.”).

33
State v. Legggreen
wva · 2000 · cited in 2 West Virginia opinions naming this issue, 2023–2024
2 sentences

2024Va. 560 , 578 n.20, 575 S.E.2d 170 , 188 n.20 (2002) (quoting Illinois v. Krull, 480 U.S. 340, 347 (1987)); see Legg, 207 W.

2023Va. 560 , 578 n.20, 575 S.E.2d 170 , 188 n.20 (2002) (quoting Illinois v. Krull, 480 U.S. 340, 347 , 107 S. Ct. 1160, 1165 (1987)); see Legg, 207 W.

22
State v. Clarkgreen
wva · 2013 · cited in 1 West Virginia opinions naming this issue, 2016–2016
2 sentences

2016See State v. Clark, 232 W.Va. 480, 492-93 , 752 S.E.2d 907, 919-20 (2013) (reiterating that “‘[w]hen evidence is obtained in violation of the Fourth Amendment, the judicially developed exclusionary rule usually precludes its use in a criminal proceeding against the victim of the illegal search and seizure.’ Illinois v. Krull, 480 U.S. 340, 347 , 107 S.Ct. 1160 , 94 L.Ed.2d 364 (1987).”). 6 Aside from petitioner’s assertion in this regard, there is no evidence that petitioner is, in fact, a Bahamian national.

2016See State v. Clark, 232 W.Va. 480, 492-93 , 752 S.E.2d 907, 919-20 (2013) (reiterating that “‘[w]hen evidence is obtained in violation of the Fourth Amendment, the judicially developed exclusionary rule usually precludes its use in a criminal proceeding against the victim of the illegal search and seizure.’ Illinois v. Krull, 480 U.S. 340, 347 , 107 S.Ct. 1160 , 94 L.Ed.2d 364 (1987).”). 6 Aside from petitioner’s assertion in this regard, there is no evidence that petitioner is, in fact, a Bahamian national.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
State v. Flippo green
wva · 2002
2 sentences

2024If evidence gathered from such a stop “is obtained in violation of the Fourth Amendment, the judicially developed exclusionary rule usually precludes its use in a criminal proceeding against the victim of the illegal search and seizure.” State v. Flippo, 212 W.

2023Evidence gathered from such a stop “is obtained in violation of the Fourth Amendment, [and] the judicially developed exclusionary rule usually precludes its use in a criminal proceeding against the victim of the illegal search and seizure.” State v. Flippo, 212 W.

22023–2024

Where else courts name it

OH 6 (1988–2025) WV 6 (2002–2024) WI 5 (1991–2026) GA 4 (2019–2021) AR 3 (2020–2021) IL 2 (2001–2001)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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