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[I-L Note: This bill's number was obviously assigned by an undercover
civil libertarian on the House staff. A consistently unreliable
source has informed lectlaw that by coincidence this person's body
was found the next day in a suburban Virginia park surrounded by
various obscure symbols scratched in the dirt. It had been sodomized
and burned, the numbers 666 carved in it's forehead, and appearently
partially eaten. In it's clenched fist was a ripped piece of cloth
with a House Leadership Conference pin attached. After an exhaustive
investigation the death was ruled a suicide.]
104th CONGRESS 1st Session
IN THE HOUSE OF REPRESENTATIVES JANUARY 25, 1995
Mr. McCollum introduced the following bill; which was referred to the
Committee on the Judiciary
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the 'Exclusionary Rule Reform Act of
SEC. 2. ADMISSIBILITY OF CERTAIN EVIDENCE.
(a) In General. - Chapter 223 of title 18, United States Code, is
amended by adding at the end the following: 'Sec. 3510. Admissibility
of evidence obtained by search or seizure
'(a) Evidence Obtained by Objectively Reasonable Search or Seizure.
- 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 carried out in circumstances justifying an objectively
reasonable belief that it was in conformity with the fourth
amendment. The fact that evidence was obtained pursuant to and
within the scope of a warrant constitutes prima facie evidence of the
existence of such circumstances.
'(b) Evidence Not Excludable by Statute or Rule. -
'(1) Generally. - 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
regulation, or a rule of procedure unless exclusion is expressly
authorized by statute or by a rule prescribed by the Supreme Court
pursuant to statutory authority.
'(2) Special rule relating to objectively reasonable searches
and seizures. - Evidence which is otherwise excludable under
paragraph (1) shall not be excluded if the search or seizure was
carried out in circumstances justifying an objectively reasonable
belief that the search or seizure was in conformity with the statute,
administrative rule or regulation, or rule of procedure, the
violation of which occasioned its being excludable.
'(c) Rule of Construction. - This section shall not be construed
to require or authorize the exclusion of evidence in any
(b) Clerical Amendment. - The table of sections at the beginning
of chapter 223 of title 18, United States Code, is amended by adding
at the end the following:
'3510. Admissibility of evidence obtained by search or seizure.'.
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