HomeMy WebLinkAboutResolution No. 7084RESOLUTION NO. 7e84
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA, CALIFORNIA, SUPPORTING
SENATE CONSTITUTIONAL AMENDMENT 7.
The -City Council of the City of Azusa hereby resolves
as follows:
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, has imposed its views on the people of
this State by judicial fiat, often by a bare majority of four
justices; and
WHEREAS, in Peo le vs. Cahan 25 years ago, the Supreme
Court promised workable ru es 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 n its application and 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 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 Azusa 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.
ADOPTED AND APPROVED this 16th day of February, 1982.
I HEREBY CERTIFY
adopted by the Clty Council
meeting thereof held on the
following vote of.Council
AYES:
COUNCILMEN
NOES:
COUNCILMEN
ABSENT:
COUNCILMAN
7 '7 MAYOR
that the foregoing Resolution was duly
of the City of Azusa at a regular
16th day of February, 1982, by the
Decker, Fry, Cruz, Moses, Solem
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