Reading Room Document

Constitutionality of Proposed Legislation Limiting the Scope of the Fourth Amendment Exclusionary Rule in Federal Criminal Proceedings

This document discusses the Fourth Amendment exclusionary rule in Federal criminal proceedings. It concludes that the exclusionary rule is constitutionally mandated to protect Fourth Amendment rights. However, it also suggests that Congress may provide alternative remedies that could potentially replace the exclusionary rule. The document presents a proposed legislative amendment to the Federal Torts Claim Act (FTCA) that would permit evidence seized in violation of the Fourth Amendment to be admitted in Federal criminal proceedings under certain conditions. It also discusses the historical development of the exclusionary rule and the principles of deterrence and judicial integrity that have informed its development. The document raises questions about the effectiveness of the proposed legislative amendments and suggests that further monitoring and evaluation may be necessary before considering the abolition of the exclusionary rule.

December 28, 1979