NCJ Number
86114
Journal
Journal of Legal Studies Volume: 2 Issue: 1 Dated: (January 1973) Pages: 243-278
Date Published
1973
Length
36 pages
Annotation
This study of the effectiveness of the application of the exclusionary rule in Chicago courts indicates that it had little effect upon police practices in evidence collection.
Abstract
The study focused on motions to suppress evidence made in the Chicago Felony Court, Narcotics Court, and Rackets Court (gambling and guns), where such motions are most frequently made due to the vital role that physical evidence plays in the prosecution of offenses heard in these courts. The study first examined the frequency with which motions to suppress are made in certain preliminary-hearing and trial courts for the Circuit Court of Cook County. Next, judicial treatment of motions to suppress at the appellate level is compared to that at the trial level. Finally, the circumstances surrounding the challenged search and seizure are analyzed to determine what, if any, factors determine the success of a motion to suppress. The primary issue addressed in the study is whether the exclusionary rule is effective in deterring unlawful searches. It does not appear to be effective in this area, because there was little feedback from courts and prosecutors to police departments as to questionable search and seizure practices, although recently there has been a trend toward greater communication between police and prosecutor as to reasons why cases are lost. During the period 1950-70, in the course of which the exclusionary rule was introduced into Illinois, there was a proportional increase in motions to suppress for narcotics and gun cases. It would seem that if the exclusionary rule had a significant deterrent effect on police practices, then the proportional number of motions to suppress would have decreased. Tabular data and 74 footnotes are provided.