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Tony Thurmond: today, I rise to introduce a bill which would codify the good faith exception to the exclusionary rule that has been…

On the recordJanuary 4, 1995
today, I rise to introduce a bill which would codify the good faith exception to the exclusionary rule that has been recognized by the Supreme Court. The legislation that I am offering today is similar to measures I have introduced in the last five Congresses and to a proposal which passed the Senate by the vote of 63-24 in 1984. Although the House of Representatives passed similar legislation during the last three out of four Congresses, the Senate failed to pass this proposal. The exclusionary rule is a judicially creased remedy for violations by law enforcement officers of the fourth amendment prohibition against illegal searches and seizures. More simply, if evidence is obtained by a law enforcement officer in violation of the fourth amendment then that evidence will be excluded in a criminal trail. The exclusionary rule is an important principle since it helps to ensure that law enforcement officers not be allowed to randomly enter our homes or private places and search without just cause. However, since the creation of the exclusionary rule remedy in 1914, in Weeks versus California, the Supreme Court has recognized exceptions when the exclusionary rule should not apply. This measure addresses one of those exceptions.
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Tony Thurmond
California

Editor's note · Context

Introducing a bill to codify the good faith exception to the exclusionary rule.

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