So long, Fourth Amendment

[David Farber <farber () central cis upenn edu>]

Topic 506 [legal]:  Law in the News, Volume III.
#556 of 562: Jack King (gjk)      Thu Feb  2 '95 (06:06)    60 lines


 Here's something to chew on.  Last week (Fri Jan 27), the House Judiciary
 Committee approved this abrogation of the Fourth Amendment, on a 19-14 vote,
 after breaking it out of H.R.3, "The Taking Back Our Streets Act of 1995":






      (a) In General.--Chapter 223 of title 18, United States Code, is
 amended  by adding at the end the following:




   "Sec. 3510. Admissibility of evidence obtained by search or seizure


       "(a) Evidence Obtained by Objectively Reasonable Search or Seizure.--
 Evidence which is obtained as a result of a search or seizure shall not be
 excluded in a proceeding in a court of the United States on the ground that
 the search or seizure was in violation of the fourth amendment to the
 Constitution of the United States, if the search or seizure was carried out
 in circumstances justifying an objectively reasonable belief that it was in
 conformity with the fourth amendment. The fact that evidence was obtained
 pursuant to and within the scope of a warrant constitutes prima facie
 evidence of the existence of such circumstances.


       "(b) Evidence Not Excludable by Statute or Rule.--Evidence shall not
 be excluded in a proceeding in a court of the United States on the ground
 that it was obtained in violation of a statute, an administrative rule or
 regulation, or a rule of procedure unless exclusion is expressly authorized
 by statute or by a rule prescribed by the Supreme Court pursuant to
 statutory authority.


       "(c) Rule of Construction.--This section shall not be construed to
 require or authorize the exclusion of evidence in any proceeding.".




 From S.3, the Violent Crime Control and Law Enforcement Improvement Act of
 1995 (still pending before the Senate Judiciary Committee):


   "Sec. 3502A. Admissibility of evidence obtained by search or seizure


       "(a) Evidence Obtained by Objectively Reasonable Search or Seizure.--
 Evidence obtained as a result of a search or seizure that is otherwise
 admissible in a Federal criminal proceeding shall not be excluded in a
 proceeding in a court of the United States on the ground that the search or
 seizure was in violation of the fourth amendment to the Constitution.


       "(b) Evidence Not Excludable by Statute or Rule.--Evidence shall not
 be excluded in a proceeding in a court of the United States on the ground
 that it was obtained in violation of a statute, an administrative rule, or a
 rule of court procedure unless exclusion is expressly authorized by statute
 or by a rule prescribed by the Supreme Court pursuant to chapter 131 of
 title 28.


       "(c) Rule of Construction.--This section shall not be construed to
 require or authorize the exclusion of evidence in any proceeding.".


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 It really *is* time to stop coddling suspects--and as Ed Meese once said, if
 they weren't guilty, they wouldn't be suspects.


 Res Ipsa Loquitur.