NCJ Number
102644
Journal
Criminal Law Bulletin Volume: 22 Issue: 5 Dated: (September-October 1986) Pages: 461-474
Date Published
1986
Length
14 pages
Annotation
This article discusses the U.S. Supreme Court decision in Malley v. Briggs, police reaction to it, and its effect on police liability in fourth amendment, search and seizure violations.
Abstract
In Briggs, police obtained a warrant on 'probable cause' that consisted of an unexplored and uncorroborated conversation intercepted by a court-authorized wiretap. Invoking the reasonableness standard, the Court held that officers who arrest without probable cause may be held liable for monetary damages in civil court and that an erroneous judicial decision to issue a warrant did not excuse the unconstitutional police action. While this ruling has angered many police officers, the actual effect of the law will be negligible. The qualified immunity standard has been applied to police before, and police have been held civilly liable in other cases. Further, the decision of reasonableness is made by the judge, and monetary considerations will limit the number of such suits brought. Nonetheless, police perceive the decision in Briggs as an insult to their professionalism. Further, it suggests that police discretion must be limited and subject to controls, while judicial and prosecutorial discretion are not. 21 notes.