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

Stipulates that evidence otherwise admissible in a Federal criminal proceeding shall not be excluded on the grounds that such evidence was obtained in violation of the Fourth Amendment to the Constitution. Makes the United States liable for actual and punitive damages resulting from a search or seizure conducted by a Federal investigative or law enforcement officer in violation of the Fourth Amendment, and authorizes the court to award attorney fees and costs to prevailing plaintiffs in such actions. Makes an officer who conducted a search and seizure in violation of the Fourth Amendment without a good faith belief in the constitutionality of the search or seizure subject to agency discipline, but renders him immune from a civil suit for damages.

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Documents

1 official file

• Introduced in Senate

  summary · EN · 27 April 1978

  Open at official source

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