- 10 - instant case and that the exclusionary rule should not be applied. We consider these contentions seriatim. "Zone of Primary Interest" In United States v. Janis, 428 U.S. 433, 458 (1976), the U.S. Supreme Court mentioned a seizing officer's "zone of primary interest" but did not elaborate on the phrase. Courts have focused on officers' zones of primary interest to predict whether applying the exclusionary rule in various contexts would deter future unlawful searches and seizures. See Grimes v. Commissioner, 82 F.3d 286, 290 (9th Cir. 1996); Wolf v. Commissioner, 13 F.3d 189, 194-196 (6th Cir. 1993), affg. T.C. Memo. 1992-432; Adamson v. Commissioner, 745 F.2d 541, 546 (9th Cir. 1984), affg. T.C. Memo. 1982- 371; Tirado v. Commissioner, 689 F.2d 307, 314 (2d Cir. 1982), affg. 74 T.C. 14 (1980); Black Forge, Inc. v. Commissioner, 78 T.C. 1004, 1011-1012 (1982). Presumably, if the proposed use of the evidence is close to a seizing officer's zone of primary interest, the inference is stronger that the officer had this use in mind when making the seizure. Tirado v. Commissioner, supra at 311. To estimate an officer's zone of primary interest, courts rely on commonsense assumptions about "human nature and the interrelationship of the various components of the law enforcement system." United States v. Janis, supra atPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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