No Exclusionary Rule In Bar Discipline

A Louisiana attorney was arrested on charges of distribution of marijuana as a result of a purchase by a person arrested on drug charges who set up the buy in exchange for leniency. The trial court suppressed the evidence and the criminal charges were dismissed.

Bar disciplinary charges were then brought for the criminal conduct. A hearing committee concluded that the defense of entrapment in a bar disciplinary case “has a limited place…and evidence obtained as a result of the alleged entrapment would be allowed.” In any event, the committee held that the attorney had failed to prove entrapment and that the exclusionary rule does not apply in bar discipline matters. The committee recommends a suspension of no less than a year and a day. (Mike Frisch)