6.6

• Jurisdiction: Arizona

§ 6.6 Suppression in Criminal Trial Only

Evidence acquired unlawfully under the Fourth Amendment may only be suppressed in a criminal trial. The evidence is still admissible in other proceedings. See Pennsylvania v. Scott, 524 U.S. 357 (1998) (illegally seized evidence may be used in parole revocation hearing); United States v. Hebert, 201 F.3d 1103 (9tth Cir. 2000) (same, regarding supervised release revocation hearing); United States v. Calandra, 414 U.S. 338, 343-46 (1974) (exclusionary rules does not apply to grand jury proceedings); Lingo v. City of Salem, 832 F.3d 953 (9th Cir. 2016) (exclusionary rule does not apply in § 1983 cases; “nothing within the fruit-of-the-poisonous-tree doctrine suggests that an officer must ignore facts that would give him probable cause to arrest a...