Exclusionary rule inapplicable to 4th amendment violations in civil cases

Chase v. Neth, 269 Neb. 882 May 27, 2005. No. S-04-501.

In re Interest of Corey P. et al., 269 Neb. 925 May 27, 2005. Nos. S-04-1079, S-04-1100.

These 2 cases hold that the Fourth Amendment generally does not apply to civil proceedings; in these cases to administrative drivers license revocations for refusing to submit to breath tests and to termination of parental rights cases. In the case of Chase, the legislature had in2003 removed the arrest validity as an issue in reviewing administrative license suspensions for test refusals. 60-498.01(6)(c)(i). Also 60-498.02 allows for dismissing the administrative license suspension if there is no prosecution for dwi or if the driver is acquitted, but not for refusals. Even though the driver whom the State accused of refusing a breath test could not contest the validity of her arrest and might not even face criminal prosecution, the Supreme Court holds that the Fourth Amendment does not exclude evidence obtained in violation of its rule. The majority view which the Nebraska Supreme Court will follow holds that the Fourth Amendment exclusionary rule is inapplicable to ALR proceedings, except as it may apply indirectly through §60-498.02(4)(a). See Hass v. Neth, 265 Neb. 321, 657 N.W.2d 11 (2003). See also Jacobs v. Director of Motor Vehicles 149 N.H. 502, 823 A.2d 752 (2003). Unlike Hass, which operated as a form of statutory exclusionary rule, the Legislature did not provide that an ALR for refusal to submit to a chemical test was dependent upon a successful criminal prosecution for that offense. In Corey P. the parents alleged evidence obtained against them to terminate their parental rights violated the Fourth Amendment as the authorities obtained evidence from a warrantless entry into their home. The Court holds that the Fourth Amendment exclusionary rule did not apply to parental rights termination cases.

The New Hampshire Jacobs case dissenters pointed out however that under their state's administrative license suspension system the penalties could exceed those from the accompanying criminal conviction, implicating the fourth amendment protections according to the United States Supreme Court in Plymouth Sedan v. Pennsylvania, 380 U.S. 693 (1965)