Thursday, January 15, 2009

Should exclusionary rule apply in disciplinary proceedings?

Here is an interesting question: should evidence obtained illegally be admissible in a disciplinary hearing? Mike Frisch from Legal Profession Blog reports on a case in Louisiana that says YES:

A Louisiana attorney was arrested on charges of distribution of marijuana. The trial court suppressed the evidence and the criminal charges were dismissed. Bar disciplinary charges were then brought for the criminal conduct. The hearing committee concluded that the exclusionary rule does not apply in bar discipline matters and allowed the [suppressed] evidence.

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