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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 8961   View pdf image (33K)
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as we will have it in the new Maryland Constitution, that
evidence cannot be introduced against a defendant in a
court.
As a result of the exclusionary rule -which the
Supreme Court has imposed upon the States in criminal
proceedings, it is true that some criminals go free because
the constable blundered. There are cases in which a person
is found -- or where there is evidence in a criminal case
of guilt of an individual which cannot be admitted, even
though it is valid evidence, because it was obtained il-
legally, and on the surface of it, this seems to be a very
wrong thing, that a guilty person should go free because the
evidence that was obtained is evidence that violated his
personal rights.
But I say to you in cases since 1914 when the
Supreme Court: first announced and developed the exclusionary
rule it has been shown that this is the one means by
which the riht of the individual to private domain can be
protected, not only the guilty individual -- and they make
up a bare fraction cf our total population -- but the
entire citize-.r of -he State and the nation can only be



 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 8961   View pdf image (33K)
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