Ahart v. Colorado Department of Corrections, Division of Adult Services, Buena Vista Correctional Facility

The issue before us is whether to extend the exclusionary rule enunciated in Weeks v. United States, 232 U.S. 383, 398, 34 S.Ct. 341, 58 L.Ed. 652 (1914) to civil hearings to terminate a correctional officer for admitted drug use. We decline to apply the rule to this case.

The exclusionary rule is a judicially created remedy intended to protect the constitutional right of privacy by deterring illegal police conduct. The exclusionary rule bars evidence from trial that police obtain by violating an accused’s constitutional right to privacy. Wong Sun v. United States, 371 U.S. 471, 485, 83 S.Ct.…