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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 8962   View pdf image (33K)
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protected if the law enforcement authorities may not attempt
to find incriminating evidence through the use of illegal
means. And it is not the guilty who matter in the
situation, but the innocent.
Now, the exclusionary rule has only been effec-
tive in Maryland since 1961 when in the cases of Mappe v.
Ohio the Supreme Court dictated that the States would have to
follow it. In the 200 years of the 4th Amendment's exist-
ence it was not until 1961 that the citizens of Maryland
by fiat of the Supreme Court actually had to accept and li\e
by it. And in all felony cases we had a statute known
as the Bauze Act which forbade the introduction of
evidence illegally seized in misdemeanor cases, but
its effect was very limiting. This proposal would carry
the concept of the exclusionary rule not only into crinina]
cases, but into any cases where a court or a State agency
acted.
It is extremely important in protecting the right
of privacy because it would take a great deal of the impe-
tus out of the invasions of privacy which occur day ' - n.l
day out.
T;iE CHAIRMAN: Deleqc-te Bothe, you have only three



 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 8962   View pdf image (33K)
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