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.

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 fourth amendment to 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 fourth amendment. Permits recovery of actual and punitive damages not exceeding $25,000. 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. Makes such action the exclusive civil remedy for a violation of the fourth amendment to 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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Timeline

1. 19 March 1981

   Introduced

   Read second time and referred to Senate Committee on Judiciary.

   Source: IntroReferral

2. 19 March 1981

   Introduced

   Introduced in Senate

   Source: IntroReferral

3. 7 April 1981

   Referred

   Referred to Subcommittee on Criminal Law.

   Source: Committee

4. 4 May 1981

   Floor

   Star Print ordered on S.751.

   Source: Floor

5. 30 June 1981

   Committee

   Committee on Judiciary received executive comment from Office of U.S. Attorney General.

   Source: Committee

6. 5 October 1981

   Committee

   Subcommittee on Criminal Law. Hearings held.

   Source: Committee

7. 12 November 1981

   Committee

   Subcommittee on Criminal Law. Hearings held.

   Source: Committee

8. 16 March 1982

   Committee

   Subcommittee on Criminal Law. Hearings held.

   Source: Committee

9. 25 March 1982

   Committee

   Subcommittee on Criminal Law. Hearings held.

   Source: Committee

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

1 official file

• Introduced in Senate

  summary · EN · 19 March 1981

  Open at official source

Sponsors

• Sen. Hatch, Orrin G. [R-UT] · R · Sponsor
• Sen. Thurmond, Strom [R-SC] · R · Sponsor
• · ssju00 · Standing

Related records

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