Saturday, March 28, 2009

California v. Greenwood V

The final argument of Greenwood was his contention that the California Constitutional amendment violates the Due Process Clause of the Fourteenth Amendment. However, this too was found without merit. "Just as this Court's Fourth Amendment exclusionary rule decisions have not required suppression where the benefits of deterring minor police misconduct were overbalanced by the societal costs of exclusion, California was not foreclosed by the Due Process Clause from concluding that the benefits of excluding the relevant evidence of criminal activity do not outweigh the costs when the police conduct at issue does not violate federal law." - http://fightidentitytheft.com/shred_supreme_court.html With that, all of Greenwood's arguments were rejected. "An amendment to the California Constitution, however, had eliminated the exclusionary rule for unconstitutionally obtained evidence. The Court rejected Greenwood's claim that the amendment violated the Due Process Clause. It held that so long as the police conduct did not violate federal law, 'California could permissibly conclude that the benefits of excluding relevant evidence of criminal activity do not outweigh the costs.'" - http://www.absoluteastronomy.com/topics/California_v._Greenwood 

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