HomeMy WebLinkAboutResolutions - 1978.08.24 - 12589July 6, 1978
Miscellaneous Resolution No.
BY: Marguerite Simson
IN RE: SUPPORT OF SB 3014 CONGRESSIONAL LEGISLATION-ABANDONING
EXCLUSIONARY RULE FOURTH AMENDMENT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
WHEREAS, since 1914 in Federal Courts, and since 1961 in State Courts, judges
have been required by U.S. Supreme Court decisions to set free thousands of guilty criminals
each year because evidence that is clearly probative and reliable must be excluded from the
trial -- often excluded because of a technical violation of Fourth Amendment rights against
search and seizure; and
WHEREAS, the Exclusionary Rule is unique to American jurisprudence. Although
the English and Canadian legal systems are highly regarded, neither has adopted such a rule; and
WHEREAS, it involves judges in countless hours and weeks of adjudicating
questions that have nothing whatever to do with the guilt or innocence of the accused. The
guilt of the accused often is dear and beyond doubt -- the only issue is whether a policeman
has acted properly: and
WHEREAS, the fact is that the Chief Justice of the Supreme Court has invited
Congress -- indeed has pleaded with Congress -- to devise and pass an adequate alternative
remedy to deal with Fourth Amendment violations so the Exclusionary Rule can be abandoned.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commis-
sioners hereby wholeheartedly supports SB 3014 and strongly urges the County of Oakland's
Congressional delegation to make every effort for passage of said legislation which would be
in the best interests of the citizens of these United States of America.
Mr. Chairman, I move the adoption of the foregoing resolution.
8551
Ma
Co
e Simson
ommissioner, District #7
#8551 August 24, 1978
Moved by Page supported by Simson the Report be accepted.
A sufficient majority having voted therefor, the motion carried
Moved by Page supported by Simson that Resolution #8551 be adopted.
Discussion followed.
AYES: McDonald, Moffitt, Montante, Moxley, Murphy, Olson, Page, Patterson,
Peterson, Simson, Wilcox, Gabler, Gorsline, Hoot, Lanni. (15)
NAYS: Perinoff, Pernick, Price, Aaron, Daly, DiGiovanni, Doyon, Kelly. (8)
PASS: Fortino, (1)
A sufficient majority having voted therefor, Resolution #8551 was adopted.
STATE OF MI=IOAN)
COUNTY CT:
1, Lynn D. Allen, Clerk of the County of Oakla1 and
having a do hereby certify that T have compared the aunexec.! c ..vy of
Miscellaneous Resolution #8551 adopted by the Oakland County Board of
Commissioners at their meeting held on August 24, 1978
with the original record thereof now remaining in my
office, and that it is a true and correct transcript
therefrom, and of the whole thereof.
In Testimony Whereof, I have hereunto set my hand and
affixed the seal of said County at Pontiac, Michigan
24th
Lynn D.
Clerk