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Report No. 94

7.10. Recent comment as to the exclusionary rule based on the Fourth Amendment.-

A recent comment on the subject, after summing up the rival views, expresses itself thus:1

"What clearly emerges from these prominent and frequently echoed statements is that those who debate the merits of the Fourth Amendment exclusionary rule-judges included-have not been timid in making assertions of the facts about the operation and effect of the rule. But is there empirical support for these assertions? If not, do we have the capacity to test them empirically? These questions become increasingly important as judicial and political campaigns to modify or abandon the exclusionary rule pick up momentum (bills are now pending in the Senate to modify or eliminate the rule) and bar groups and others invest considerable resources in its defense We may be on the brink of a major policy decision without benefit of sufficient empirical materials to inform."

1. William A. Gelner Is the Evidence in for the Exclusionary Rule?, (6 May, 1981), 67 ABAJ 1642.

Evidence Obtained Illegally or Improperly - Proposed Section 166a of the Indian Evidence Act, 1872 Back

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