· 10/8/1992
Powell v. Secretary of State
Citations
- 614 A.2d 1303
- 23 A.L.R. 5th 878
- 1992 Me. LEXIS 227
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the Fourth Amendment’s exclusionary rule should not be applied to civil license suspensions
- concluding that “the fourth amendment’s exclusionary rule should not be applied[,]” in an administrative license suspension proceeding
- holding that because the petitioner did not raise the issue of “fair play” at the administrative level he had not preserved the issue for purposes of appeal
- holding that the exclusionary rule is not applicable in administrative license suspension hearings, noting that “a license suspension hearing is not a quasi-criminal proceeding, but rather a ‘reasonable regulatory measure to protect public safety.””
- reasoning that there was little deterrent effect on police conduct by excluding the evidence from remedial, non-punitive, administrative proceedings
- administrative hearing officer in license suspension pro ceeding need not “determine the legality of the stop or whether there was probable cause to stop the vehicle”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wathen, Roberts, Glassman, Clifford, Collins
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.