NCJ Number
57115
Date Published
1979
Length
173 pages
Annotation
ATTITUDES AND PERCEPTIONS OF POLICE, PROSECUTORS, AND DEFENSE ATTORNEYS REGARDING FOURTH AMENDMENT (SEARCH AND SEIZURE) PROTECTIONS ARE EXAMINED, AND MODIFICATIONS OF THE EXCLUSIONARY RULE ARE PROPOSED.
Abstract
A THEORETICAL FRAMEWORK THAT CATEGORIZES SEARCHES ACCORDING TO THEIR LEGAL REASONABLESNESS AND THEIR PRODUCTIVENESS WAS THE BASIS OF A QUESTIONNAIRE SURVEY OF 350 POLICE OFFICERS, PROSECUTORS, AND DEFENSE ATTORNEYS (61.2-PERCENT RESPONSE) IN 2 CITIES. THE RESPONDENTS' ASSESSMENTS OF THE REASONABLENESS OF SEARCHES IN SIX CASE STUDIES TO EVALUATE THE EXTENT OF AGREEMENT OR DISAGREEMENT AMONG THE COURTS AND CRIMINAL JUSTICE PERSONNEL REGARDING THE BOUNDARIES OF REASONABLENESS IN SEARCH-AND-SEIZURE SITUATIONS. THE QUESTIONNAIRE ALSO MEASURED RESPONDENTS' PERCEPTIONS OF THE PERCENTAGE OF POLICE SEARCHES THAT ARE NONPRODUCTIVE (I.E., THAT UNCOVER NEITHER CONTRABAND NOR INCRIMINATING EVIDENCE); THEIR PERCEPTIONS OF THE DETERRENT, DISCIPLINARY, AND COMPENSATORY FUNCTIONS OF THE EXCLUSIONARY RULE; THEIR WILLINGNESS TO SEE THE RULE ABOLISHED OR MODIFIED; THEIR RECEPTIVITY TO ALTERNATIVES TO THE EXCLUSIONARY RULE; AND THEIR VIEWS REGARDING THE APPROPRIATE BODY FOR ISSUING POLICE RULES ON SEARCH-AND-SEIZURE CONDUCT. THE SURVEY FINDINGS INDICATE THAT MODIFICATIONS OF THE EXCLUSIONARY RULE RATHER THAN ABOLITION ARE IN ORDER. IT IS SUGGESTED THAT THE RULE APPLY ONLY TO WILLFUL AND EXCESSIVE VIOLATIONS OF FOURTH AMENDMENT RIGHTS. A SYSTEM PROVIDING A VARIETY OF REMEDIES (DISCIPLINARY ACTION BY POLICE DEPARTMENTS, CRIMINAL PROSECUTION OF OFFENDING OFFICERS, COMPENSATION TO THE ILLEGALLY SEARCHED PERSON, EXCLUSION OF EVIDENCE) IS PROPOSED. THE AVAILABILITY OF ACTIONS IN A GIVEN CASE WOULD DEPEND ON THE LEGAL REASONABLENESS OF THE SEARCH IN QUESTION, WHETHER EVIDENCE WAS FOUND, AND WHETHER THE ALLEGED VIOLATION WAS WILLFUL AND EXCESSIVE. THE PROPOSED SYSTEM COULD LEAD TO BETTER ACCOMMODATION OF THE INTERESTS OF BOTH LAW ENFORCEMENT AND CIVIL LIBERTIES IN THE PROTECTION OF FOURTH AMENDMENT RIGHTS. A REVIEW OF THE HISTORY AND EFFECTS OF THE EXCLUSIONARY RULE, SUPPORTING DATA, A BIBLIOGRAPHY, AND AN INDEX ARE PROVIDED. (LKM)