NCJ Number
110041
Journal
Prosecutor Volume: 21 Issue: 3 Dated: (Winter 1988) Pages: 11-14
Date Published
1988
Length
4 pages
Annotation
This article examines the 1987 U.S. Supreme Court decision in Anderson v. Creighton, which reaffirmed the objective nature of the good faith immunity defense for law enforcement officers, and discusses how lower courts have applied the principles and formulas set forth in Anderson.
Abstract
Lower court cases reviewed include Tarantino v. Baker, Martin v. Malhoyt, Borucki v. Ryan, Emery v. Holmes, and Ostlund v. Bobb. Also discussed is Illinois v. Krull which, although it did not involve civil liability, is important because it authorizes the application of the good faith exception to warrantless searches. The article cautions that cases in 1988 which spell out appropriate standards to be applied in search and seizure will have important implications for civil liability and the ability to claim good faith immunity. Other areas explored are whether the prosecutor's absolute immunity extends to circumstances in which the prosecutor performs a police function and whether prosecutors are entitled to absolute or qualified immunity for giving legal advice to police officers. Statutory State law immunities are discussed.