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Originally our committee had the clause which I
am proposing now as an amendment in the majority report.
It was deleted for reasons of which I am not certain.
I am certain, however, that the additional rights and the
security which the were meant to maintain were deleted
along with it, because it is one thing to say that people
shall have security in their houses and effects and
communications. Is is quite another to indicate how these
rights are to be protected.
Now, Amendment 7 would place in the Constitution
of the State the s( called exclusionary rule, and it would
make that rule applicable not only to criminal cases, but
to all proceedings, both civil and criminal, before the
courts and the agencies of the State. And I will hastily
tell you that the Supreme Court has not crone quite that far.
I think eventually they will.
But if no mean to protect the people in their
right of privac, this is the one means of doing it; and the
rest of the section is utterly effectless if we don't.
The exclusionary rule simply means that when evidence is
obtained in ciolation of the 4th Amendment, or section