A bill to amend titles 18 and 28 of the United States Code to eliminate, and provide an alternative to, the exclusionary rule in Federal criminal proceedings.

Summary

Amends the Federal criminal code to provide that evidence shall not be excluded from any criminal proceeding solely because it was obtained in violation of the fourth amendment to the Constitution. Makes the United States liable for damages resulting from a search or seizure conducted in the line of duty by a law enforcement officer in violation of the fourth amendment. Allows a person aggrieved by such a violation who: (1) is not convicted of any offense for which evidence was illegally seized to recover such damages as the court may award; or (2) is convicted of such an offense to recover damages only for actual physical personal injury or property damage. Sets the limit for any such judgment at $25,000. Makes such an action the exclusive civil remedy for such a fourth amendment violation. Allows a Federal agency to discipline a law enforcement officer who conducts such 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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Documents

1 official file

• Introduced in Senate

  summary · EN · 30 October 1979

  Open at official source

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