NCJ Number
15505
Journal
TEXAS LAW REVIEW, 52 Issue: 4 Dated: (APRIL 1974) Pages: 703-725
Date Published
1974
Length
23 pages
Annotation
AUTHOR'S MAIN THESIS IS THAT POLICE PRACTICES SHOULD NO LONGER BE EXEMPT FROM THE KIND OF JUDICIAL REVIEW THAT IS USUAL FOR OTHER ADMINISTRATIVE AGENCIES.
Abstract
HE SUGGESTS THAT THE EXCLUSIONARY RULE BE SUPPLEMENTED BY TWO OTHER TOOLS FOR JUDICIAL CONTROL OF POLICE JUDICIALLY REQUIRED POLICE RULEMAKING AND GOVERNMENTAL TORT LIABILITY FOR POLICE ABUSES. DISCUSSED ARE THE RELATION OF POLICE RULES TO SUPREME COURT RULES AND THEIR EFFECT ON SELECTIVE ENFORCEMENT, AND SEMI-LEGAL PRACTICES. THE AUTHOR ALSO POINTS TO THE FAILURE OF THE PRESENT SYSTEM OF POLICE LIABILITY TO AWARD DAMAGES TO INJURED PERSON. HE RECOMMENDS THAT SUITS FOR TORTS OF CITY POLICEMEN SHOULD BE AGAINST THE CITY AND NOT AGAINST THE OFFICER, SINCE THE OFFICER IS SOMETIMES JUDGEMENTPROOF. SUCH GOVERNMENT LIABILITY WOULD NECESSITATE THE ABOLITION OF SOVEREIGN IMMUNITY FOR STATE AND LOCAL GOVERNMENTS. THE INTERRELATIONSHIP OF REQUIRED POLICE RULEMAKING AND GOVERNMENTAL LIABILITY FOR POLICE TORTS WITH OTHER LEGAL CONTROLS ON THE POLICE (THE EXCLUSIONARY RULE, AN OMBUDSMAN SYSTEM, AND REVIEW BOARDS) IS ALSO EXPLORED. (SNI ABSTRACT)