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E.D.Va.: GFE applied to violation of Speech and Debate Clause in former-Rep. Jefferson's case

By John Wesley Hall, Jr.

In the case of former U.S. Rep. Jefferson (D-LA), the violation of the Speech and Debate Clause is subject to the good faith exception. The D.C. Circuit had already held part of the search invalid under the Speech and Debate clause (United States v. Rayburn House Office Bldg Room 2113, 378 U.S. App. D.C. 139, 497 F.3d 654 (2007), posted here), and comity and judicial economy counseled against relitigating it the search. United States v. Jefferson, 2009 U.S. Dist. LEXIS 62574 (E.D. Va. May 8, 2009): More persuasive is the government's reliance on United States v. Leon, 468 U.S. 897, 104 S. Ct. 3405, 82 L. Ed. 2d 677 (1984). In Leon, the Supreme Court made pellucidly clear that "the exclusionary rule is neither intended nor able to cure the invasion of the defendant's rights which he has already suffered...continue to full post

Full post as published by Fourth Amendment on July 26, 2009 (boomark / email).