Senate Version of HR666 (fwd)

[Brad Dolan <bdolan@use.usit.net>]

It is still *theoretically* possible to stop the legislative
revocation of the 4th amendment, if you believe we have a 
representative government.

Brad D.

---------- Forwarded message ----------
Date: 9 Feb 1995 11:14:58 U
From: Cooley Stephen <cooley_stephen@space.honeywell.com>
To: UWSA <uwsa@shell.portal.com>, baron_mark_a@smtpmm.space.honeywell.com,
    Bostock#m#_Craig_W.FL40-P02@smtpmm.space.honeywell.com,
    Kidd_Lee.FL51-P03@smtpmm.space.honeywell.com
Subject: Senate Version of HR666

S54 - the Senate version of HR666 subverts the 4th Amendment!

   I called Sen Mack's (R-FL) DC office this morning for info on S54.  This
bill has been submitted to the Senate Judiciary Committee for consideration.
Hearings for S3-The "New" Crime bill, are scheduled for Fed 15th.  The new
crime bill also has a Exclusionary Evidence section too.  I have appended this
section after S54 below.    No hearings for S54 are scheduled as of yet.  The
aid I talked to didn't know if any hearings on S54 would even occur before it
is passed onto the floor for a vote.  The committe could mark up the bill and
pass it on without hearings.

  Please pass this info onto other groups and reflectors.  We have to get the
word out on this bill. S54 modifies the requirements of the 4th amendment to

          ".....if the search or seizure was undertaken in an objectively 
          reasonable belief that it was in conformity with the fourth
          amendment."

Given the court rulings allowing traffic stops and searches due to an officer's
descretion, "probably cause", S54 hammers another nail into the 4th Amendment
coffin.  Call your Senators and let them know your thoughts on this bill. 
There is no time to waste.

FILE s54.is
          S 54 IS
          104th CONGRESS
          1st Session

          To amend title 18 to limit the application of the exclusionary rule.

                           IN THE SENATE OF THE UNITED STATES
                                     January 4, 1995

          Mr. Thurmond introduced the following bill; which was read twice 
              and referred to the Committee on the Judiciary

                                         A BILL

          To amend title 18 to limit the application of the exclusionary rule.

            Be it enacted by the Senate and House of Representatives of the
          United States of America in Congress assembled, That this Act may 
          be cited as the `Exclusionary Rule Limitation Act of 1995'.

            Sec. 2. (a) Chapter 223 of title 18, United States Code, is
          amended by adding the following two sections:

          `Sec. 3508. Limitation of   the fourth amendment exclusionary rule
            `Evidence which is obtained as a result of a search or seizure
          shall not be excluded in a proceeding in a court of the United
          States on the ground    that the search or seizure was in violation
          of the fourth amendment  to the Constitution of the United States,
          if the search or seizure was undertaken in an objectively 
          reasonable belief that it was in conformity with the fourth
          amendment. A showing that evidence was obtained pursuant to and
          within the scope of a warrant constitutes prima facie evidence of
          such a reasonable belief, unless the warrant was obtained through
          intentional and material misrepresentation.

          `Sec. 3509. General limitation of the exclusionary rule
            `Except as specifically provided by statute or rule of procedure,
          evidence which is otherwise admissible shall not be excluded in a
          proceeding in a court of the United States on the ground that the
          evidence was obtained in violation of a statute or rule of
          procedure, or of a regulation issued pursuant thereto.'.
            (b) The table of sections of chapter 223 of title 18, United
          States Code, is amended by adding at the end thereof:

          `3508. Limitation of the fourth amendment exclusionary rule.
          `3509. General limitation of the exclusionary rule.


Exclusionary Evidence section in the new crime bill S3:


          SEC. 507. ADMISSIBILITY OF CERTAIN EVIDENCE.

          `Sec. 3502A. Admissibility of evidence obtained by search or seizure

            `(a) Evidence Obtained by Objectively Reasonable Search or
          Seizure: Evidence obtained as a result of a search or seizure that
          is otherwise admissible in a Federal criminal proceeding shall not
          be excluded in a proceeding in a court of the United States on the
          ground that the search or seizure was in violation of the fourth
          amendment to the Constitution.
            `(b) Evidence Not Excludable by Statute or Rule: Evidence shall
          not be excluded in a proceeding in a court of the United States on
          the ground that it was obtained in violation of a statute, an
          administrative rule, or a rule of court procedure unless exclusion
          is expressly authorized by statute or by a rule prescribed by the
          Supreme Court pursuant to chapter 131 of title 28.
            `(c) Rule of Construction: This section shall not be construed to
          require or authorize the exclusion of evidence in any proceeding.'.
                (2) Technical amendment: The chapter analysis for chapter 223
              of title 18, United States Code, is amended by inserting after
              the item for section 3502 the following new item:
          `3502A. Admissibility of evidence obtained by search or seizure.'.
            (c) Illegal Search and Seizure: 
                (1) In general: Title 28, United States Code, is amended by
              inserting after chapter 171, the following new chapter: