Re:Motel 6 to Pay $12M after Improperly Giving Guest Lists t...
by dragonwriter on Friday April 05, 2019 @05:40PM
(#19587321)
> Not illegal, sure, but the lack of warrant may (should) mean the information is inadmissible in court
No, getting evidence voluntarily from any party (or even involuntarily and illegally from a third party!) doesn't trigger the exclusionary rule. No rights triggering the rule are violated in the voluntary case, and if the government violated A’s rights but then use the evidence only against B, the rule doesn't apply either.
And, of course, this is ICE, and the exclusionary rule only applies in criminal cases, not in deportation (civil removal) cases, so the question is largely moot, anyway, even if they were doing this for evidence rather than just to locate targets.
No, getting evidence voluntarily from any party (or even involuntarily and illegally from a third party!) doesn't trigger the exclusionary rule. No rights triggering the rule are violated in the voluntary case, and if the government violated A’s rights but then use the evidence only against B, the rule doesn't apply either.
And, of course, this is ICE, and the exclusionary rule only applies in criminal cases, not in deportation (civil removal) cases, so the question is largely moot, anyway, even if they were doing this for evidence rather than just to locate targets.