Charles E. Marquart, III - Page 7

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            before them.  The Court stated that civil enforcement of Federal                            
            tax laws lay outside the "zone of interest" of the State police                             
            officers involved in Janis.  As a result of that and other                                  
            factors, the Court concluded that excluding tainted evidence in a                           
            civil tax proceeding was unlikely to have a significant deterrent                           
            effect.  The Court left open the possibility, however, that the                             
            balance might shift in favor of exclusion if the State police                               
            officer involved had a "responsibility or duty to, or agreement                             
            with" Federal tax officials.  Id. at 455.                                                   
                  Since Janis, courts considering whether to apply the                                  
            exclusionary rule in Federal civil tax cases have examined the                              
            "zone of interest" of the police officers involved and have                                 
            generally looked for some sort of agreement between Federal tax                             
            officials and the officers who conducted the allegedly improper                             
            search.  See, e.g., Tirado v. Commissioner, 689 F.2d 307 (2d Cir.                           
            1982), affg. on other grounds 74 T.C. 14 (1980).  Tirado extended                           
            the Janis rationale to a case where some of the officers                                    
            conducting the search were employed by a Federal agency, namely                             
            the Bureau of Narcotics, and another Federal agency, i.e., the                              
            Internal Revenue Service (IRS), sought to use the allegedly                                 
            tainted evidence (a so-called intrasovereign situation).  In                                
            Tirado, Federal narcotics agents took part in a search that                                 
            uncovered cash, documents, and other items which were later                                 
            sought to be used in a Federal civil tax proceeding.  Although                              





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