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AV Preeminent Peer Rated Attorneys
Sacramento County Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Sacramento County Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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  • 800 Howe Ave., Sacramento, CA 95825-3911

  • 816 H St., Ste. 108, Sacramento, CA 95814

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  • 901 H St., Ste. 503, Sacramento, CA 95814

  • 6313 Elvas Ave., Sacramento, CA 95819

  • 1007 7th St., Ste. 213, Sacramento, CA 95814

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  • 816 H St., Ste. 108, Sacramento, CA 95814

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  • 455 Capitol Mall, Ste. 802, Sacramento, CA 95814

  • 7020 Rivercore Way, Sacramento, CA 95831-2907

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  • 641 Fulton Ave., Ste. 200, Sacramento, CA 95825-4869

  • 400 Alhambra Blvd., Sacramento, CA 95816

  • 331 J. St., Ste. 200, Sacramento, CA 95814

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  • 725 30th Street, Suite 107, Sacramento, CA 95816

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The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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Commonly Asked Criminal Law Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

What are the six (6) "Good Faith Exceptions" to the Exclusionary Rule?

Answered by attorney Mark R. Thiessen
Criminal Law lawyer at Thiessen Law Firm
* Evidence unlawfully obtained from the defendant by a private person is admissible. The exclusionary rule is designed to protect privacy rights, with the Fourth Amendment applying specifically to government officials.[17] * Evidence can only be suppressed if the illegal search violated the person's own (the person making the court motion) constitutional rights. The exclusionary rule does not apply to privacy rights of a third party.[18] However, there is a narrow exception to this standing requirement, the jus tertii standing exception. See, e.g., Singleton v. Wulff Et Al., 96 S. Ct. 2868, 428 U.S. 106 (U.S. 1976); The Assertion of Constitutional Jus Tertii: A Substantive Approach, Robert Allen Sedler, California Law Review, Vol. 70, No. 6 (Dec., 1982), pp. 1308-1344; Standing to Assert Constitutional Jus Tertii, 88 Harv.L.Rev. 423, (1974). * The defendant cannot take advantage of the situation (police breaching rules) to turn the case to his advantage, in face of other evidence against himself. This falls under the exigent circumstances exception. [19] * The Silver Platter doctrine which was ruled unconstitutional in the case of Elkins v. United States in 1960. State officials that obtained evidence illegally were allowed to turn over evidence to federal officials, and have that evidence be admitted into trial.[20] * Nix v. Williams held that if the evidence obtained in the unlawful search would almost definitely have been found eventually even without said search (inevitable discovery), the evidence may be brought forth in court. * If police officers acting in good faith (bona fides) rely upon a defective search warrant, then the evidence acquired may still be used under the good-faith exception.
* Evidence unlawfully obtained from the defendant by a private person is admissible. The exclusionary rule is designed to protect privacy rights, with the Fourth Amendment applying specifically to government officials.[17] * Evidence can only be suppressed if the illegal search violated the person's own (the person making the court motion) constitutional rights. The exclusionary rule does not apply to privacy rights of a third party.[18] However, there is a narrow exception to this standing requirement, the jus tertii standing exception. See, e.g., Singleton v. Wulff Et Al., 96 S. Ct. 2868, 428 U.S. 106 (U.S. 1976); The Assertion of Constitutional Jus Tertii: A Substantive Approach, Robert Allen Sedler, California Law Review, Vol. 70, No. 6 (Dec., 1982), pp. 1308-1344; Standing to Assert Constitutional Jus Tertii, 88 Harv.L.Rev. 423, (1974). * The defendant cannot take advantage of the situation (police breaching rules) to turn the case to his advantage, in face of other evidence against himself. This falls under the exigent circumstances exception. [19] * The Silver Platter doctrine which was ruled unconstitutional in the case of Elkins v. United States in 1960. State officials that obtained evidence illegally were allowed to turn over evidence to federal officials, and have that evidence be admitted into trial.[20] * Nix v. Williams held that if the evidence obtained in the unlawful search would almost definitely have been found eventually even without said search (inevitable discovery), the evidence may be brought forth in court. * If police officers acting in good faith (bona fides) rely upon a defective search warrant, then the evidence acquired may still be used under the good-faith exception.
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Can a confession that I was tricked into making be used against me?

Matthew Murillo
Answered by attorney Matthew Murillo (Unclaimed Profile)
Criminal Law lawyer at Law Offices of Matthew Murillo
Yes. Your Miranda rights only apply to police interrogation. The fact that you admitted the theft over the phone may be enough. That said, do not discuss the details with anyone other than an attorney. Especially not on a public website like this, anyone (including your boss or the DA) has access to these things.
Yes. Your Miranda rights only apply to police interrogation. The fact that you admitted the theft over the phone may be enough. That said, do not discuss the details with anyone other than an attorney. Especially not on a public website like this, anyone (including your boss or the DA) has access to these things.
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Can a 21 year old face legal charges for impregnating a minor?

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Answered by attorney Joseph Briscoe Dane (Unclaimed Profile)
Criminal Law lawyer at Law Office of Joe Dane
Yes. The age of legal consent in California is 18. The 21 year old could face felony unlawful sexual intercourse charges commonly known as statutory rape.
Yes. The age of legal consent in California is 18. The 21 year old could face felony unlawful sexual intercourse charges commonly known as statutory rape.
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