EXPLANATION: The Exclusionary Rule Reform Act of 1995, under the Taking Back Our Streets Act of 1995, is a part of the legal reform Congress is considering. Under the Exclusion Rule Reform Act, evidence obtained in a search or seizure that was in violation of the Fourth Amendment of the Constitution would not be excluded from a court trial if the search or seizure was carried out with the belief that it was done in agreement with the Fourth Amendment. Evidence that is obtained in a search that violated the Fourth Amendment is excluded from court trials, but under this amendment the evidence would not be excluded if the search or seizure was done "in good faith." Democrats added amendment to the bill that slightly weaken the bill.

RELEVANT COMMITTEES: The House bill (H.R. 666), proposing to ease the restriction of the exclusionary rule, was sent to the House Committee on the Judiciary and the Senate Committee on the Judiciary.

STATUS: The House approved the act (289-142) on February 8, 1995. The act moved to the Senate Committee on the Judiciary the next day.

SPONSORS: Rep. Bill McCollum (R-FL)

PRO: Supporters of the exception argue that the Supreme Court in 1984 already made similar exception legal. They say they are merely writing a law that represents the Court's decision. They say that too many criminals are found innocent because of technicalities that violate the Fourth Amendment.

"We are making an extension of an exception that already exists. We are not repealing the entire exclusionary rule, and further, we are not broadening the exception that much."--Rep. Steven H. Schiff (R-NM).

CON: Opponents of the rule reform argue that the bill may be unconstitutional. They says that the bill is shortsighted and could lead to infringements on the Fourth Amendment guarantee of protection from unreasonable search and seizure.

"This bill is designed to inhibit the constitutional rights of [American people] by violating their Fourth Amendment rights."--Rep. Louis Stokes (D-OH).

WHAT'S NEXT: Congress seems to be caught up in other legal reforms such as Securities legal reform.