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: