A bill to amend title 18 of the United States Code to define and limit the exclusionary rule in Federal criminal proceedings.

Summary

Provides that evidence shall not be excluded from any Federal criminal proceeding solely because that evidence was obtained in violation of the fourth amendment of the Constitution, unless the court finds that such violation was substantial. Provides criteria for determining whether a violation is substantial. States that the United States shall be liable for an illegal search and seizure conducted in violation of the Constitution by any employee of the Government, or by any person acting under him, or at his direction or request, or by any person whose compensation is paid in whole or in part by the United States. Authorizes punitive damages to be awarded in such actions and limits recovery under such actions to $25,000 including actual and punitive damages. Provides that an attorney may not charge a fee of more than 25 percent of any judgment rendered pursuant to his Act and establishes specific criminal penalties for violation of this section. Provides that the district courts of the United States shall have exclusive jurisdiction over claims brought under this Act. (Adds 18 U.S.C. 3505, 2691-2694)

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Documents

1 official file

• Introduced in Senate

  summary · EN · 15 February 1973

  Open at official source

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