The use of the exclusionary rule in criminal cases has been the subject of extensive debate since its inception. Although most efforts to modify the rule have been deemed unworkable, the author proposes a modification that is both workable and sensible. Modification would be accomplished by legislation which admits the results of illegal searches by law enforcement officers who acted in good faith, and, at the same time, provide fixed monetary sanctions against the governmental agencies whose officers conducted the search. The author proposes a good faith balancing test to determine evidence admissibility and administrative type proceedings to determine monetary sanctions, if any are necessary.
Richard J. Hanscom
Admissibility of Illegally Seized Evidence in Civil Cases: Could This Be the Path out of the Labyrinth of the Exclusionary Rule?,
9 Pepp. L. Rev.
Available at: http://digitalcommons.pepperdine.edu/plr/vol9/iss4/1