HomeMy WebLinkAboutCC RES 82-019RESOLUTION NO. 82 - 19
A RESOLUTION OF THE CITY COUNCIL OF 'THE CITY OF PALM DESERT,
CALIFORNIA, SUPPORTING SENATE CONST'ITUTIONAL AMENDMEN'T 7
WHEREAS, the "exclusionary rule" has complicated and negated the work of police
departments in confessions and admissions, search and seizure, and use of evidence; and
WHEREAS, it appears that the California Supreme Court has ignored the U. S.
Supreme Court, has expanded the exclusion of evidence unreasonably and had imposed its
views on the people of this State by judicial fiat, often by a bare majority of four justices;
and
WHEREAS, in People vs. Cahan 25 years ago, the Supreme Court promised
workable rules governing searches and seizures that would protect both the rights
guaranteed by the U. S. Constitution and the interests of society in suppressing crime.
And, we have not obtained a balance between these competing interests but a system of
justice heavily weighted in favor of the criminal defendant; and
WHEREAS, Cahan also promised that the exclusionary rule would not be arbitrary
in its application a�-would avoid needless limitations on the right of the police to
conduct reasonable searches and seizures. Yet, the exclusionary rule punishes good-faith
police mistakes and minor intrusions into one's privacy with the same sanctions as are
applied to intentional and substantiated police misconduct.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, that in the 25 years since Cahan, our experience dictates another
change. The proposed constitutional amendment, SCA 7, would not cure all the ills of our
State's criminal justice system. It would, however, prevent the California Supreme Court
from unilaterally extending the rights of a criminal defendant beyond those rights
guaranteed by the U. S. Constitution. When experimentation is desired, this amendment
enables the California legislature, in open public debates, to determine what restrictions,
if any, should be placed upon the admission of evidence beyond those provided for in the
U. S. Constitution.
BE IT FURTHER RESOLVED that the City Council of the City of Palm Desert,
California, hereby supports Senate Constitutional Amendment 7 and urges the State
Legislature to place the amendment on the June, 1982, ballot for consideration by the
voters of the State.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, on the 11 th day of February, 1982, by the following vote, to wit:
AYES: McPherson, Newbrander, Pulqui, bc Snyder,
NOES: None
ABSENT: None
ABSTAIN: Wilson
ATTEST:
0
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CITY OF PALM DESERT, CA FORNIA