NCJ Number
18198
Date Published
1972
Length
171 pages
Annotation
THE AUTHOR CONTENDS THAT DESPITE ITS THEORETICAL JUSTIFICATIONS, THE EXCLUSIONARY RULE HAS NOT WROUGHT THE TYPE OF GOVERNMENTAL POLICY CHANGES WHICH WOULD WARRANT ITS CONTINUED EXISTENCE.
Abstract
AN ANALYSIS OF THE JUDICIAL EVOLUTION OF THE EXCLUSIONARY RULE IS FOLLOWED BY AN EXAMINATION OF THE WORKINGS OF THE RULE IN THE CITY OF CHICAGO. THIS STUDY FOCUSES ON MOTIONS TO SUPPRESS PRESENTED IN THE CITY'S FELONY. NARCOTICS, AND RACKET (GAMBLING AND GUNS) COURTS. THE FIRST PART INVOLVES AN EXAMINATION OF THE FREQUENCY WITH WHICH MOTIONS TO SUPPRESS ARE MADE IN CERTAIN PRELIMINARY HEARING AND TRIAL COURTS FOR THE CIRCUIT COURT OF COOK COUNTY. THE SECOND PART CONCERNS JUDICIAL TREATMENT OF MOTIONS TO SUPPRESS AT FOUR DIFFERENT LEVELS, NAMELY, THE PRELIMINARY HEARING COURTS, TRIAL COURTS, THE ILLINOIS APPELLATE COURT, AND THE ILLINOIS SUPREME COURT. THE THIRD PART OF THE STUDY INVOLVES THE CIRCUMSTANCES UNDER WHICH AN ALLEGED ILLEGAL SEARCH AND SEIZURE IS CHALLENGED BY THE MOTION TO SUPPRESS. SUCH FACTORS AS THE KIND OF DEFENDANT MAKING A MOTION TO SUPPRESS - HIS AGE, CRIMINAL RECORD; THE TYPE OF SEARCH CHALLENGED - THE TIME OF SEARCH, PLACE, THE OFFENSE, AND NUMBER OF DEFENDANTS ARRESTED IN EACH INCIDENT; THE POLICE DIVISION MAKING THE SEARCH; AND REASONS THE OFFICER GAVE FOR MAKING THE SEARCH, WERE STUDIED IN RELATION TO THE DISPOSITION OF THE MOTION TO SUPPRESS. THIS REPORT ALSO CONSIDERS SEVERAL DANGERS OF THE EXCLUSIONARY RULE, SUCH AS PROBLEMS OF 'PROFESSIONAL PERJURY', THE LACK OF A REMEDY FOR THE INNOCENT, THE PROBATIVE VALUE OF EVIDENCE NOT CONSIDERED, THE LACK OF FEEDBACK TO THE POLICE, AND THE LACK OF DETERRENT EFFECT, AND ALTERNATIVES ARE SUGGESTED. THESE INCLUDED CIVIL ACTION FOR DAMAGES, CIVILIAN POLICE REVIEW BOARDS, THE OMBUDSMAN APPROACH, INTERNAL POLICE DISCIPLINARY ACTIONS, AND LEGISLATIVE ACTION. A DISCUSSION OF THE CANADIAN EXPERIENCE WITH ILLEGAL SEARCH AND SEIZURE FOCUSES ON THE ONTARIO PROVINCE AND THE CITY OF TORONTO. COVERED IS THE CANADIAN LAW OF SEARCH AND SEIZURE, INCLUDING POLICE POWERS TO SEARCH AND THE CONSEQUENCES OF AN ILLEGAL SEARCH AND SEIZURE. TO REMEDY THE PROBLEM OF ILLEGAL SEARCH AND SEIZURE, CANADA USES THE TORT REMEDY AND INTERNAL POLICE DISCIPLINE RATHER THAN AN EXCLUSIONARY RULE. THE AUTHOR CONCLUDES THAT GIVEN THE PRESENT STATUS OF THE LAW AND THE WORKING OF THE EXCLUSIONARY RULE, CHANGE IS WARRANTED. THE APPENDIX CONTAINS A LIST OF STATE SEARCH AND SEIZURE STATUTUES, A LIST OF APPEALS BY THE STATE AND FEDERAL GOVERNMENTS FROM MOTIONS TO SUPPRESS SUSTAINED, AND EMPIRICAL DATA FROM GUN AND FELONY COURT IN CHICAGO. (AUTHOR ABSTRACT MODIFIED)