Walker & Hemmens: Legal Guide for Police (10th Ed.)
Chapter 2: Results of Failure to Comply with Constitutional Mandates
Introduction
This chapter features an overview of the consequences of violating accepted criminal procedure. These
consequences include the exclusion of evidence at trial, civil liabilities, and criminal prosecutions under
Title 42 United States Code § 1983.
Key Concepts
• How the Exclusionary Rule effects criminal proceedings.
Key Terms
• Exclusionary Rule
• Tort
• Respondeat Superior
Critical Thinking Questions
1. Courts have fashioned the exclusionary rule to protect individual rights. However, if evidence
of guilt is excluded from trial, guilty individuals may be able to escape punishment. Is it OK for
society to protect individual liberties at the expense of obtaining convictions?
2. Officers can be held liable under a tort action for violating an individual’s civil rights. Should
officers be punished for making improper decisions? Or should the agency bear the burden of
civil rights violations?
3. Courts have limited the impact of the exclusionary rule by creating exceptions. Do these
exceptions create confusion for law enforcement officers? Should the Court institute a blanket
ban on all unconstitutionally seized evidence?
Guidelines: If the Courts can make exceptions based on individual circumstances, do police
Discussion Points
• How does the exclusionary rule impact police procedures?
• Should police departments rely on the exceptions to the exclusionary rule?