Sunday, December 25, 2005
Exclusionary rule doesn't apply to evidence gathered during warrantless home inspection
Judge rules against couple accused of harming children - Boston.com
See http://www.boston.com/news/local/new_hampshire/articles/2005/12/24/judge_rules_against_couple_accused_of_harming_children/ or pay-for-archive at the Concord Monitor, http://www.cmonitor.com and search for Warner Ruff.
WARNER, N.H. --A husband and wife accused of endangering their children by living in a filthy home have lost their attempt to keep some evidence out of their criminal trial. Bryon and Wendy Ruff were charged with five counts each of child endangerment in August, two weeks after the town's health inspector condemned their home. They argued that photographs and other evidence gathered during the inspection shouldn't be used against them because the police officers who accompanied the health inspector did not have a criminal search warrant. But a Henniker District Court judge has ruled that the search was proper and that the evidence can be used in the trial, which is scheduled for next week.Why doesn't the exclusionary rule apply?
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