People v. Cox

Opinion

ROBIE, J.

This case recasts Justice Cardozo’s oft-quoted dictum on the exclusionary rule: 1 although the constables here blundered, the defendant will not go free.

After the denial of his motion to suppress evidence, defendant Donnell Cox pled no contest to a charge of resisting an executive officer arising from his refusal to permit officers to search him and his subsequent attempt to evade arrest. The trial court sentenced defendant to 16 months in prison, but granted him credit for time served and released him on parole.

On appeal, defendant contends the trial court erred in denying…