NCJ Number
98136
Journal
Journal of Contemporary Law Volume: 9 Dated: (1983) Pages: 171-191
Date Published
1983
Length
19 pages
Annotation
The exclusionary rule, its limitations and alternatives are discussed with a focus on the Utah Fourth Amendment Enforcement Act of 1982.
Abstract
The exclusionary rule is an evidentiary rule that excludes the introduction in criminal cases of evidence obtained in violation of the prohibition against unreasonable search and seizure. Since the rule's initial pronouncement in 1914, it has been criticized as being harsh and inflexible, as elevating procedural over substantive fairness, and as failing to protect fourth amendment rights. The Utah act represents the most comprehensive attempt to date to supplant the exclusionary rule as the mandatory remedy for fourth amendment violations. Rather than excluding evidence obtained by unreasonable search and seizure, the act imposes civil liability upon governmental agencies and law enforcement officers for most fourth amendment violations. More than any other attempt to alter or eliminate the exclusionary rule, the Utah act represents a deliberative effort to enforce citizens' constitutional rights while promoting the enforcement of State criminal laws by enabling valid, probative evidence to be admitted in criminal proceedings.