State v. Dane

I respectfully dissent. Because prison visitors voluntarily subject themselves to possible searches as a condition of entry into a secured correctional facility, they have diminished expectations of privacy. I disagree that the exclusionary rule applies to prison guards’ failure to follow WAC procedures for searching prison visitors, especially for conjugal or other contact visits. Even if the exclusionary rule were applicable in such cases, it does not justify suppressing evidence here because no WAC procedures were violated.

Here the guards violated no WACs. The majority and Mrs. Dane agree…