People v. Nixon

In People v. Nixon (1982) 131 Cal. App. 3d 687, the defendant was the driver of a car that was subjected to an apparently illegal search. During the search, nunchakus were found under the seat, and Nixon admitted they were his. Nixon was charged with a criminal offense--apparently possession of the nunchakus--and violation of probation--also apparently associated with possession of the nunchakus. The district attorney indicated that the criminal charges would be dismissed due to the apparent illegality of the search of the car. Nonetheless, the trial court admitted the evidence of Nixon's possession of the nunchakus in the probation revocation proceedings. Division One of the Fourth District upheld the trial court's decision to admit the evidence in question, holding that the exclusionary rule should not be invoked in probation revocation proceedings in spite of the presumed illegal manner in which the evidence was obtained, as long as "the police conduct was not so egregious as to shock the conscience." ( Nixon, supra, 131 Cal. App. 3d 687, 690-694.)