Supreme Court Denies Cert. in Exclusionary Rule Case

In its Orders issued today, the Supreme Court denied the petition for a writ of certiorari to the Sixth Circuit In McClain v. United States, Case No. 06-160, presenting the question whether evidence may be used in a criminal case if police obtained the evidence based on a warrant that had relied, in turn, on evidence gathered in an earlier, illegal search.  The Sixth Circuit had held the evidence was admissible under a "good faith" exception to the exclusionary rule even if the evidence was obtained in violation of the Fourth Amendment.