ALTERNATIVE TO THE EXCLUSIONARY RULE FOR FOURTH AMENDMENT VIOLATIONS

• NCJ Number: 15051
• Journal: Judicature Volume: 59 Issue: 2 Dated: (AUGUST-SEPTEMBER 1974) Pages: 74-80
• Author(s): H R LEVIN
• Date Published: 1974
• Length: 7 pages
• Corporate Author: American Judicature Soc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

AN ALTERNATIVE REMEDY TO THE EXCLUSIONARY RULE WOULD BE THE JOINT LIABILITY PLAN WHICH HOLDS THE GOVERNMENT LIABLE FOR UNINTENTIONAL PRIVACY VIOLATIONS AND WHICH HOLDS THE OFFICER LIABLE FOR INTENTIONAL VIOLATIONS.

Abstract

THIS PLAN HOLDS THE OFFICER LIABLE IF THE VIOLATION WAS COMMITTED IN AN INTENTIONAL, RECKLESS OR GROSSLY NEGLIGENT MANNER. THIS PLAN PROVIDES FOR AN INCREASED PENALTY FOR THE OFFICER WITH EVERY SUBSEQUENT VIOLATION. THE GOVERNMENT IS HELD JOINTLY LIABLE IN THOSE VIOLATIONS RESULTING FROM INTENTIONAL, RECKLESS AND GROSSLY NEGLIGENT ACTS OF ITS OFFICERS BECAUSE THIS WOULD INCREASE THE LIKELIHOOD OF AN AWARD AND FURTHER DIGNIFY CONSTITUTIONAL GUARANTEES OF PRIVACY. ALTHOUGH THE PLAN DOES NOT PROHIBIT AN OFFICER FROM PURCHASING LIABILITY INSURANCE, IT DOES SPECIFY THAT THE OFFICER WHO DOES SO MUST PAY THE ENTIRE PREMIUM HIMSELF. FURTHERMORE, NO INDIVIDUAL, GROUP, UNION, ORGANIZATION, OR OTHER REPRESENTATIVE OF A GOVERNMENT OFFICER SHALL INDEMNIFY THE OFFICER, IN WHOLE OR IN PART, AGAINST A JUDGEMENT RESULTING IN LIABILITY UNDER THIS PLAN.