ABSTRACT
This chapter discusses the admissibility of evidence for failure to abide by constitutional mandates and areas of potential liability. The failure of law enforcement officers to comply with the mandates of the US Constitution, as interpreted by the courts, may result not only in the dismissal and loss of cases, but also in possible liability on the part of the officer, as well as supervisors and the agency. Although the civil rights statutes under which most actions are initiated against police for failure to comply with constitutional mandates were passed just after the Civil War, it is only recently that they have been used extensively. Failing to comply with constitutional mandates as interpreted by the courts may also result in criminal action against the officer in federal court. The adoption of the exclusionary rule by the Supreme Court in 1914 made it essential that all law enforcement officials be aware of the rules surrounding search and seizure.
