NCJ Number
83841
Date Published
1982
Length
24 pages
Annotation
The Department of Justice (DOJ) Assistant Attorney General discusses the development of the exclusionary rule, cases illustrating implementation, and proposed legislative changes in the rule.
Abstract
The exclusionary rule is a judicially declared rule of law created in 1914 by the U.S. Supreme Court in the case of Weeks v. United States. Many problems have since arisen as a result of its application. Supporters of the rule argue that reform would not reduce crime rates, although reformers do not suggest that such changes will provide a panacea for crime rate reduction. Supporters also suggest that the exclusionary rule application is not a significant criminal justice issue. When the rule was first articulated, the Court justified its holding on two grounds: deterrence of unlawful police conduct and maintenance of judicial integrity. Subsequent cases, such as Linkletter v. Walker (1965), United States v. Peltier (1975), and United States v. Janis (1976), have basically adhered to this justification. The heart of the problem with the exclusionary rule lies in its application; the courts have gradually expanded its application to situations in which the rule cannot possibly serve as a deterrent. Misapplication usually arises when courts suppress evidence seized by police in executing a duly authorized search warrant. Reform suggested by DOJ is based upon a significant opinion rendered by the Fifth Circuit in United States v. Williams (1980). The court held that when improper police actions were taken in reasonable good faith the exclusionary rule should not apply. The department has since suggested specific legislation to implement the reasonable good faith exception to the rule. No references are cited.