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Name: People v. Jackson
Case #: B125364
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 05/09/2005
Subsequent History: rehrng. den. 6/7/05; rvw. den. 8/17/05
Summary

The good faith rule does not apply to evidence obtained in violation of state and federal wiretap laws. In contrast to other evidence seized in violation of the Fourth Amendment, the suppression of evidence seized in violation of wiretap laws is governed by both state and federal statutes. Neither Congress nor the state legislature has included a good faith exception in the relevant statutes, and the court will not craft a judicial exception to a legislative mandate. Proposition 8 does not preclude suppression of evidence seized in violation of wiretap laws, because the relevant California statutes were adopted after Proposition 8 and were passed by a two-thirds majority.