NCJ Number
5403
Journal
JOURNAL OF CRIMINAL LAW, CRIMINOLOGY AND POLICE SCIENCE Volume: 63 Issue: 2 Dated: (JUNE 1972) Pages: 256-266
Date Published
1972
Length
11 pages
Annotation
EXAMINATION OF MONEY DAMAGES PROVIDED TO PERSONS WHOSE FOURTH AMENDMENT RIGHTS HAVE BEEN VIOLATED INSTEAD OF THE EXCLUSION OF EVIDENCE SO SECURED.
Abstract
CHIEF JUSTICE BURGER AND OTHER CRITICS OF THE EXCLUSIONARY RULE SUGGEST THAT SOME ALTERNATIVE FORM OF PROTECTION FOR CITIZENS' RIGHTS AGAINST UNREASONABLE SEARCHES MUST BE FOUND. THE PRESENT SYSTEM CANNOT AND DOES NOT DETER POLICE MISCONDUCT IN RELATION TO THE FOURTH AMENDMENT, IT EXCESSIVELY HAMPERS LAW ENFORCEMENT, AND IT OFFERS NO PROTECTION FOR ILLEGAL SEARCHES AND SEIZURES THAT DO NOT BECOME A FACTOR IN A CRIMINAL PROCEEDING. THE AUTHOR STATES THAT THE FOLLOWING ELEMENTS MUST BE AVAILABLE TO PROVIDE AN ADEQUATE REMEDY THE AGGRIEVED VICTIM SHOULD HAVE REDRESS AGAINST A FINANCIALLY CAPABLE DEFENDANT. THERE MUST BE SOME FORM OF ABSOLUTE LIABILITY FOR ILLEGAL SEARCHES AND SEIZURES. THE MEASURE OF DAMAGES MUST PROVIDE AN ADEQUATE LEVEL OF RECOVERY. THE SYSTEM MUST BE OPEN TO ALL VICTIMS, BE EASY TO USE AND AVOID THE PITFALLS OF THE JURY SYSTEM. IT REMAINS TO BE SEEN HOWEVER, WHETHER A SYSTEM EMBODYING THESE ELEMENTS WILL PROVIDE A WORKABLE ALTERNATIVE TO THE EXCLUSIONARY RULE. AUTHOR ABSTRACT MODIFIED