NCJ Number
4883
Journal
Michigan Law Review Volume: 70 Issue: 4 Dated: (MARCH 1972) Pages: 659-694
Date Published
1972
Length
36 pages
Annotation
A FEDERAL JUDGE DISCUSSES THE POSSIBILITY OF THE POLICE FORMULATING THE PROCEDURAL RULES OF LAW ENFORCEMENT OPERATIONS IN PLACE OF THE PRESENT EXCLUSIONARY RULE.
Abstract
EXTERNAL FORMULATION OF RULES FOR POLICE CONDUCT SUFFERS FROM TWO PRINCIPAL LIMITATIONS - THE ABSENCE OF DIRECT POLICE INVOLVEMENT IN THE PROCESS AND THE QUESTION OF APPROPRIATE SANCTIONS TO ASSURE THEIR ENFORCEMENT. THE PROPOSED ALTERNATIVE TO THE EXCLUSIONARY RULE WOULD RESULT IN GREATER PARTICIPATION BY THE POLICE IN THE MAKING OF RULES FOR THEIR OWN GUIDANCE AND GREATER RELIANCE UPON THE POLICE FOR THE INTERNAL ENFORCEMENT OF SUCH RULES. IT IS CONTEMPLATED THAT THE POLICE HAVE A LARGER SHARE IN DEVISING THE RULES FOR THEIR OWN CONDUCT IN THE FIRST INSTANCE WITH ULTIMATE AMENABILITY TO THE COMMANDS OF CONSTITUTION AND STATUTE AS INTERPRETED AND ENFORCED BY THE COURTS IN A REVIEWING STANCE. (AUTHOR ABSTRACT)