Actually, it is excluding evidence from the trial. That is the remedy that the Court has foisted upon us. If it was deemed illegal evidence, then it is actually kept away from the jury. A classic example is the ongoing trial in California and the issue of the glove that the police officer found at the home of Mr. Simpson. That was the subject of a lengthy suppression hearing to exclude that glove. And in that case, the judge did allow it into evidence. But there is a great deal of confusion over the law in all these situations involving search warrants and even the warrantless searches. And I used to marvel, as a prosecutor, how, as in the case of Mr. Simpson in California and in other cases where you could spend hours and days, even longer periods of time, with law-school-trained prosecutors and defense counsel and judges arguing over the merits of this issue in a sanitized situation, a courtroom, with law clerks writing briefs and so forth for you. Yet, on the other hand, we asked police officers, law enforcement officers who were in a tough situation out in the field, in less than sanitary conditions, often life-threatening situations, to make those kinds of decisions on the spot: 'Do I seize this evidence or do I not seize this evidence?' Again, the lawyers and judges argue over these things for hours and days and cannot reach a conclusion. Mr. Speaker, for too long I think we have not allowed for a reasonable mistake.…
Editor's note · Context
Discussing the challenges of evidence exclusion in trials and the decision-making of law enforcement.
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