I'm certain that there are many people who would categorically agree with Justice Poochigian when he says in this opinion:
"The interests of justice are not furthered by excluding truthful, relevant evidence needed to prosecute criminals."
Nonetheless, to me, that statement seems far too broad. For example, we exclude lots of truthful evidence when there's a violation of Miranda, and I personally think that opinion advances the interests of justice. More generally, I think it advances the interests of justice to exclude even accurate confessions that are, for example, beaten out of robbery suspects by the police, even if the accuracy of that confession is totally confirmed by the resulting discovery of the stolen loot at the location the beaten suspect reveals, and even if that confession is necessary for the suspect's conviction. The price is too high.
Now, in this particular case, I agree that the failure to provide post-seizure notice in the particular manner required by state law doesn't require suppression or invalidation of the conviction. I might even also agree that, as a general matter, the interests of justice are often not furthered by excluding truthful and relevant evidence needed to prosecute criminals.
But just as I wouldn't say that NBA players are over 6 foot tall -- since some are not -- I also wouldn't say (in a written opinion or otherwise) that the interests of justice are thwarted when truthful, relevant evidence is excluded.
