People v. Hernandez

Opinion

YEGAN, J.

This case illustrates that there are limits to the “good faith exception” to the exclusionary rule announced by the United States Supreme Court in United States v. Leon (1984) 468 U.S. 897 [82 L.Ed.2d 677, 104 S.Ct. 3405]). Paraphrasing Mr. Justice White, the name “Leon” is not a mere talisman in whose presence the exclusionary rule inexorably fades away and disappears. (Cf. Coolidge v. New Hampshire (1971) 403 U.S. 443 461 [29 L.Ed.2d 564, 580, 91 S.Ct. 2022].)

Jose Isabel Samudio Hernandez appeals from the judgment entered following a court trial that resulted in his…