California Court of Appeal

In plaintiff's petition for writ of mandamus seeking to apply the exclusionary rule in a civil disciplinary proceeding to bar introduction of a firearm and ammunition seized from his car and his pockets by the California Highway Patrol resulting in termination of his employment with Caltrans, judgment of the trial court is affirmed as, although an illegal search took place, the exclusionary rule does not apply because the search occurred during a criminal investigation, and was not conducted by the agency that employs the worker being disciplined. Thus, excluding evidence in an administrative disciplinary proceeding would have no deterrent effect on a state law enforcement officer investigating reports of a crime occurring at another state agency.

Appellate Information

• Decided 10/20/2009
• Published 10/20/2009

Judges

• BOREN, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Gerald A. James, Sacramento, for Real Party in Interest and Appellant.


• For Appellees:
  
• Ronald W. Beals, Chief Counsel, Linda Cohen Harrel, Deputy Chief Counsel, Robert W. Vidor, Alexander D. DeVorkin, Carol Quan, William H. Rittenburg, Los Angeles, Jerald M. Montoya, for Plaintiff and Respondent., No appearance for Defendant and Respondent.