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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 8976   View pdf image (33K)
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we have a decision of the Supreme Court which reversed the
common law rule of Maryland and of the majority of all the
States and the English common law rule in an extremely
hard case from one at least -- that was a five to four
decision, and one of the judges, as has been pointed out.
here, Mr. Justice Black, has since limited the effect of
his decision to the facts of that particular case.
Now we are here dealing with a matter of where
the rights of the general public are concerned. The idea
of a person admittedly guilty going free just because
some policeman has exceeded his authority was anathma
to the former Supreme Court and to most of the courts in this
country.
It is a question which is highly debatable. If
the Supreme Court should reverse itself or modify in any
degree its extremely -- and it is very extreme -- contro-
versial decision, it would be unfortunate to have this frozen
in our Constitution, and I hope we will not do it.
THE CHAIRMAN: Is there any further discussion?
Are you ready for the question?
The Clerk will ring the quorum bell.



 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 8976   View pdf image (33K)
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