NCJ Number
116465
Date Published
1989
Length
11 pages
Annotation
Criminal justice personnel are required to enforce Federal, State, and local law, while also being bound to support the Constitution.
Abstract
While the U.S. Supreme Court has attempted to balance police powers and individual rights, in cases of conflict, Constitutional rights take precedence. Failure to comply with constitutional mandates as interpreted by the courts not only results in loss of cases, but may result in civil or criminal actions against the police officers, administrators, or agencies. Civil actions may be initiated under tort law or under Federal civil rights law. Officers also may be held criminally liable for failure to comply with constitutional mandates and acting with willful intent. Further, under the respondent superior doctrine of common law, agencies may be liable for the acts of employees when employees were acting under the scope of their employment. If administrators fail to properly train employees, they, as well as the agency they represent, may be subject to liability. In addition to possible legal liability, failures to comply may result in the exclusion of valid evidence. A thorough knowledge of the most important constitutional provisions will drastically reduce the liability risk and will result in more evidence being admitted to trial. 12 footnotes.