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Effects of the Exclusionary Rule - A Study in California

NCJ Number
87888
Date Published
1982
Length
25 pages
Annotation
This study analyzes the impact of the exclusionary rule on felony prosecutions, the overall felony caseload, and particular crime categories in California.
Abstract
All felony arrests rejected for prosecution because of search and seizure problems during 1976-79 were examined, as well as cases rejected in San Diego County in 1980 and a sample of rejects in Los Angeles County in 1981. A significant percentage of rejections for prosecution in the State resulted from search and seizure problems (4.8 percent statewide and up to 14.6 percent in urban areas). The exclusionary rule had its greatest impact on drug cases; 71.5 percent of rejections because of search and seizure problems involved drug charges. For most defendants, the arrest that ended in release because of the exclusionary rule was only a single incident in a longer criminal career. About half of those freed were rearrested during the followup period, most for felony offenses. Footnotes and tabular data are provided. (Author summary modified)