[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4830 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4830

    To amend title 18 of the United States Code with respect to the 
                   admissibility of certain evidence.


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                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 1994

  Mr. Cooper (for himself, Mr. Gordon, Mr. Brewster, Mrs. Lloyd, Mr. 
   Tanner, Mr. Clement, Mr. Santorum, Mr. Andrews of New Jersey, Mr. 
   Tauzin, Mr. McCurdy, Mrs. Johnson of Connecticut, Mr. Penny, Mr. 
 Gunderson, Mr. Moran, and Mr. Mazzoli) introduced the following bill; 
          which was referred to the Committee on the Judiciary

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                                 A BILL


 
    To amend title 18 of the United States Code with respect to the 
                   admissibility of certain evidence.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ADMISSIBILITY OF CERTAIN EVIDENCE.

    Chapter 223 of title 18, United States Code, is amended by adding 
at the end the following:
``Sec. 3509. Admissibility of evidence obtained by search or seizure
    ``(a) Evidence Obtained by Objectively Reasonable Search or 
Seizure.--Evidence which is obtained as a result of a search or seizure 
shall not be excluded in a proceeding in a court of the United States 
on the ground that the search or seizure was in violation of the fourth 
amendment to the Constitution of the United States if the search or 
seizure was carried out in circumstances justifying an objectively 
reasonable belief that it was in conformity with the fourth amendment. 
The fact that evidence was obtained pursuant to and within the scope of 
a warrant constitutes prima facie evidence of the existence of such 
circumstances.
    ``(b) Evidence Not Excludable by Statute or Rule.--Evidence shall 
not be excluded in a proceeding in a court of the United States on the 
ground that it was obtained in violation of a statute, an 
administrative rule or regulation, or a rule of procedure unless 
exclusion is expressly authorized by statute or by a rule prescribed by 
the Supreme Court pursuant to statutory authority.
    ``(c) Rule of Construction.--This section shall not be construed to 
require or authorize the exclusion of evidence in any proceeding.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 223 of title 18, United States Code, is amended by adding at 
the end the following:

``3509. Admissibility of evidence obtained by search or seizure.''.
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