NCJ Number
90636
Journal
South Texas Law Journal Volume: 23 Issue: 3 Dated: (1982) Pages: 693-717
Date Published
1982
Length
25 pages
Annotation
The exclusionary rule should be modified to require the consideration of the following five specific factors in determining the admissibility of evidence: the nature of the police actions, whether a serious crime was involved, whether the police acted in good faith, the nature of the violation, and the police agency's past history with respect to constitutional rights.
Abstract
In addition, legislation is needed to create an administrative agency which would translate court opinions concerning all constitutional rights into effective and legal police procedures. The agency would also receive and prosecute complaints concerning police behavior, and an accompanying administrative court would hear and decide these complaints. Citizens should also have a civil remedy whereby they could receive monetary damages from an agency or individual if their rights were violated. These measures would provide more protection from illegal searches and seizures, effectively spread this protection to all persons, and reduce the cost to society by allowing fewer criminals to go free. A total of 121 reference notes are provided.