Reforming the Exclusionary Rule: An Analysis of Two Proposed Amendments to the California Constitution

Authors

John K. Van de Kamp
Richard W. Gerry

Abstract

Evidence admissible in federal courts frequently is excluded under the California exclusionary rule, largely because of the state supreme court's willingness to invoke nonstatutory independent state grounds to exclude relevant evidence. In an attempt to reform the California rule, two measures were introduced during the 1981-82 regular session of the California legislature- Senate Constitutional Amendment 7 and Assembly Constitutional Amendment 31. After analyzing these two suggested amendments, this Article recommends the adoption of the Senate proposal, which would prevent California courts from excluding evidence in criminal proceedings and certain juvenile proceedings on nonstatutory independent state grounds.

Recommended Citation

John K. Van de Kamp and Richard W. Gerry, Reforming the Exclusionary Rule: An Analysis of Two Proposed Amendments to the California Constitution, 33 Hastings L.J. 1109 (1982).
Available at: https://repository.uclawsf.edu/hastings_law_journal/vol33/iss5/3