ABSTRACT

The failure of law enforcement officers to comply with the mandates of

the U.S. Constitution, as interpreted by the courts, results not only in the dis-

missal and loss of cases, but also in possible liability on the part of the offi-

cer, as well as the administrator and the agency. Failure on the part of the

agency to properly train or supervise officers, or to enact and enforce guide-

lines that are consistent with constitutional provisions, often results in civil

actions in state courts and actions in federal courts under the civil rights

statutes. In this chapter, areas of potential liability and the admissibility of

evidence for failure to abide by constitutional mandates are discussed. In

the chapters that follow, the constitutional requirements of searches, seizures,

and interrogations are discussed in greater detail.