Erickson v. State

I start with the proposition that the exelu-sionary rule generally extends only to evidence that the police discovered by acting illegally1 I would uphold Judge Hopwood's decision that the evidence, which the police used to convict Erickson, was not a product of the illegal search of Erickson. Therefore, the exelusionary rule would not apply to exclude the evidence.

In the present case, we have previously held that Trooper Hazelaar had authority to stop the car in which Erickson was a passenger and to order Erickson out of the car.2 But we concluded that the record did not establish that the…