Senate repeals 1982 'Fourth Amendment Enforcement' provisions after Supreme Court rulings

Senate Bill 11, described on the floor by Senator Hilliard, would repeal the 1982 statutory provisions sometimes called a "Fourth Amendment Enforcement" approach that had provided statutory remedies for evidence obtained after alleged constitutional violations. Hilliard told the Senate that United States Supreme Court decisions (discussed on the floor in the context of the Gates and Mendoza cases) had altered the federal exclusionary-rule analysis and that the 1982 statutory approach had been found unconstitutional in later federal decisions.

Hilliard explained that the 1982 law—adopted when the state sought to provide remedies short of suppression—had been controversial and, with subsequent Supreme Court jurisprudence changing the legal landscape, the attorney general's office and interim committees advised repeal of the problematic sections. The committee and sponsor said repeal would align state law with current federal doctrine and avoid continuing to prosecute under provisions vulnerable to constitutional challenge.

After a motion to suspend the 24-hour rule so the Senate could consider the measure immediately, senators debated but ultimately called the question. The chair announced the vote as 23 ayes, no nays, with six absent; the bill passed and may be placed on the third-reading calendar.

The Senate framed the action as statutory housekeeping to conform state code with federal court decisions, rather than as a change to arrest or evidentiary standards themselves; the attorney general's office recommendation was referenced on the floor.