Department of Transportation v. State Personnel Board

Opinion

BOREN, P. J.

The Fourth Amendment “has never been interpreted to proscribe the introduction of illegally seized evidence in all proceedings or against all persons.” (Stone v. Powell (1976) 428 U.S. 465, 486 [49 L.Ed.2d 1067, 96 S.Ct. 3037].) In this case, a state transportation employee is seeking to apply the exclusionary rule in a civil disciplinary proceeding, to bar introduction of incriminating evidence seized from his car and his pockets by the California Highway Patrol. We conclude that the exclusionary rule does not apply. Although an illegal search took place, it occurred…