NCJ Number
6800
Journal
Texas Law Review Volume: 50 Issue: 4 Dated: (APRIL 1972) Pages: 736-745
Date Published
1972
Length
10 pages
Annotation
THE EXCLUSIONARY RULE - ITS RATIONALE, ILLUSTRATIONS OF ITS IMPACT, AND A SUGGESTION TO LIMIT ITS CONTINUED USE.
Abstract
WHEN A POLICE OFFICER'S SEARCH VIOLATES THE FOURTH AMENDMENT, EVIDENCE OBTAINED THROUGH THAT SEARCH CANNOT BE USED AT TRIAL. THE DEVELOPMENT AND APPLICATION OF THIS RULE ARE DISCUSSED. ARGUMENTS FOR THE EXCLUSIONARY RULE ARE THAT THERE IS NO OTHER EFFECTIVE REMEDY FOR ILLEGAL SEARCHES AND SEIZURES, AND THAT DETERS IMPROPER POLICE CONDUCT. IT IS CONTENDED THAT THESE REASONS NOT JUSTIFY UNLIMITED USE OF THE RULE AND, THAT THE SECOND ARGUMENT IS UNFOUNDED SINCE MANY TIMES A POLICEMAN DOES NOT KNOW THE NATURE OF ILLEGAL CONDUCT IN THE LAW OF SEARCH AND SEIZURE. IT IS SUGGESTED THAT THE COURTS BE ALLOWED TO RECEIVE EVIDENCE ILLEGALLY OBTAINED UNLESS THE SEARCH SUBSTANTIALLY VIOLATED THE FOURTH AMENDMENT. GUIDELINES FOR DECIDING WHETHER A VIOLATION HAD BEEN SUBSTANTIAL ARE PROPOSED.