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Exclusionary Rule

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From Armstrong County, Pennsylvania, comes this story of a particularly grisly and probably erroneous application of the exclusionary rule. Peggy Jo Conner is charged with kidnapping her pregnant neighbor, Valerie Oskin, and attempting to cut out Ms. Oskin's unborn son. Even though the police found Conner at the scene with blood on her, the judge ruled that was not probable cause for arrest and therefore her statement is inadmissible. (Another issue is exactly when she was arrested.)

In Maryland v. Pringle, 540 U.S. 366 (2003), the Supreme Court held unanimously that cocaine behind the armrest of a car was probable cause to arrest the passenger. Although it is dicey to make a judgment from the statement of facts in a newspaper article, this would seem to be as strong a case for probable cause as Pringle. Fortunately, the prosecutors believe they can make the case without this evidence, so regardless of whether the constable or the judge blundered, the miscreant may not go free.

Update. Joel Jacobsen has more detail on this case at Judging Crimes. He concludes there was probable cause cubed.

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