United States · Bill · HR
H.R. 4259 (97th)
A bill to amend titles 18 and 28 of the United States Code to eliminate, and establish an alternative to, the exclusionary rule in Federal criminal proceedings.
Introduced
24 July 1981
Last action
—
Status
Referred to Subcommittee on Criminal Justice.
Sponsors
—
Subjects
Discovery layer
Source updated
16 January 2025
Summary
Amends the Federal criminal code to provide that evidence shall not be excluded from a criminal proceeding because it was obtained in violation of the United States Constitution. Makes the United States liable for damages resulting from a search or seizure conducted by a law enforcement officer acting within the scope of employment in violation of the Constitution. Permits recovery of actual and punitive damages not exceeding $25,000. Authorizes the court to award reasonable attorney fees. Limits recovery by a person convicted of an offense for which evidence was illegally seized to actual physical personal injury and property damage. Makes such action the exclusive civil remedy for a search and seizure violation of the Constitution. Authorizes a Federal agency to discipline an officer who conducts an illegal search or seizure upon a determination, after notice and hearing, that the officer lacked a good faith belief that the search or seizure was constitutional.
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Versions
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Documents
1 official file
Introduced in House
summary · EN · 24 July 1981
Sponsors
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Sources
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- Official source: https://www.congress.gov/bill/97th-congress/house-bill/4259
- Open data entity: https://api.congress.gov/v3/bill/97/hr/4259