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THE CHAIRMAN: But the point I am
trying to get clear is whether your clause
in referring to these provisions is not
limited to the obtaining of evidence as a
result of a search warrant?
DELEGATE BOTHE: That is correct,
and that is also true in a criminal case, as
I am sure you are aware.
THE CHAIRMAN: Delegate Henderson.
DELEGATE HENDERSON: Mr. Chair-
man and fellow delegates: I had hoped I
would not have to rise to speak against
this amendment, because I thought it was
so clear as to which was the best side of
the argument. But since there seems to be
some doubt in a good many peoples' minds,
I want to register my unalterable opposi-
tion to this amendment. When you get into
the realm of civil rights, it is completely
beyond anything of which I am aware in
the 'whole of jurisprudence at the present
time.
When you come to the field of criminal
appeals, 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. It 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 ad-
mittedly 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 debat-
able. If the Supreme Court should reverse
itself or modify in any degree its ex-
tremely, and it is very extreme, contro-
versial decision, it would be unfortunate to
have this frozen in our Constitution. I hope
we will not do it.
THE CHAIRMAN: Is there any further
discussion?
(Tli er e was no response.)
Are you ready for the question?
(Call for the question.)
The Clerk will ring the quorum bell.
The question arises upon the adoption of
Amendment No. 7. A vote Aye is a vote in
favor of the amendment. A vote No is a
vote against.
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Cast your votes.
Has every delegate voted? Does any dele-
gate desire to change his vote?
(There was no response.)
The Clerk will record the vote.
There being 22 votes in the affirmative
and 97 in the negative, the motion fails
and the amendment is rejected.
Delegate Bothe, do you now desire to
offer one of the other amendments?
DELEGATE BOTHE: There is just one.
THE CHAIRMAN : I had H and Q. Q is
substantially the same as the one just
offered. I assume you do not want to offer
that.
DELEGATE BOTHE: What is Q, sir?
TPIE CHAIRMAN: It leaves out two
words that are contained in amendment J.
It is the same as Amendment No. 7, except
that the words "before any agencies" are
omitted.
DELEGATE BOTHE: I think that was
a style correction.
I would like to introduce H.
THE CHAIRMAN: The pages will
please distribute amendment H, H for
Henry.
Delegate Bothe, the Chair had some
question about the admissibility of this
amendment, because it is very similar to
the amendment just offered. I am reserving
the final decision pending your explanation.
I assume you will point out the distinc-
tion you are trying to make?
DELEGATE BOTHE: I will, and I
think the matter can be dealt with very
briefly.
THE CHAIRMAN: This will be Amend-
ment No. 8.
The Clerk will read the amendment.
READING CLERK: Amendment No. 8
to Committee Recommendation R&P-1, by
Delegate Bothe:
On page 2, section 4, Search and Seizure;
Right to Privacy, in line 47 after the period
add this new sentence:
"Evidence secured in violation of these
provisions shall not be admissible in any
court against any person."
TPIE CHAIRMAN: The amendment is
submitted by Delegate Bothe. Is there a
second.
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