A bill to modify the exclusionary rule as it pertains to the Fourth Amendment, to authorize tort actions against the United States and sanctions against investigative and law enforcement officers for certain violations of the Fourth Amendment, and for other purposes.

Summary

Amends the Federal criminal code to provide that evidence obtained in violation of the fourth amendment shall not be excluded in a criminal proceeding if the Government attorney shows by a preponderance of the evidence that the law enforcement officer acted with a reasonable, good faith belief that the search or seizure conformed with fourth amendment requirements. States that evidence obtained in accordance with a warrant is prima facie evidence of good faith belief. 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 fourth amendment, unless the Government attorney shows the officer's reasonable good faith belief of constitutional compliance. Permits recovery of actual and punitive damages not exceeding $50,000. Authorizes the court to award reasonable attorney fees. Limits recovery of a person convicted of an offense for which evidence was illegally seized to actual physical personal injury and property damage. 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 action was constitutional.

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1 official file

• Introduced in House

  summary · EN · 25 March 1982

  Open at official source

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