Legal Question in Civil Rights Law in California

What are the chances of the Exclusionary Rule Working?
I got robbed by a guy. He broke into my unattached garage, completely seperate from my home and is being charged with 1st degree burglary. Police recovered all of my stuff. My question is....the detective arrested the guy and thought he was on Parole still, but he wasnt, had gotten off a week or so earlier. So his public defender is trying to get all evidence dropped as they arrested the guy that robbed me assuming he was on parole and got all of my stuff back with no search warrant. Do you think he will get off and case will be dropped? Also, would this be 1st degree burglary or 2nd degree burglary???

Asked on 6/28/09, 8:22 pm

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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Re: What are the chances of the Exclusionary Rule Working?

Fortunately for you, even if the search was illegal most California judges will let the evidence in anyway.

Answered on 6/28/09, 9:13 pm

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