Law Enforcement Officers Liable for Acting in Good Faith

Opinion
Name
Institution
Opinion
Law enforcement officers should be liable when they act in good faith. This is because acting in good faith has high probability of going against the Fourth Amendment that prohibits officers from conducting unreasonable searches and seizures. When police officers violate the Fourth Amendment when conducting their duties, the resulting evidence is not admissible in criminal prosecutions because they did not act in good faith (Alschuler, 2008). The “the good faith” exception seemingly requires that law enforcement officers ought to behave appropriately when conducting searches. When they do not behave appropriately, then they are liable for acting in good faith. For example, if a police officer uses a warrant that is not valid he is liable for this mistake and so the evidence emanating from such a scenario is inadmissible (Kerr, 2010).
When police officers knowingly stop or arrest a person based on mistaken facts or legal understanding, they violate their pledge to enforce the law and also infringe on physical liberty. The police officers should be accountable for these mistakes because they cause inconvenience and discomfort for the defendants. This becomes lawlessness on the part of the officer and so they need to be taken in court for such violations. One cannot enforce the law in good faith if violations that invade the right of others are taking place. The resultant is a police officer who ought to be accountable for the actions that take place to avoid the improper enforcement of the law (Aviram, Seymour & Leo, 2010).
The good faith law does not apply just because a law enforcement officer declares to be unaware that a court ruling stating that a particular behavior goes against the Fourth Amendment. The good faith exception exists so that it can deter police officers and hold them liable when they obtain evidence in an illegal manner. The fact that the officer is unaware of his actions shows carelessness and so he/she ought to be accountable for the decisions one makes. There are many instances of mistakes and actions or decisions that are taken by police officers are due to inadequate training causing the officer to have a certain belief. These mistakes based on unsatisfactory training or lack of awareness of the legal requirements on how to conduct valid searches and seizures is not “good faith.” This means that the officer becomes liable for these mistakes and should face prosecution for violating the rights of others (Aviram, Seymour & Leo, 2010).
When it comes to arrest warrants, officers mainly rely on automated records to make a determination on the course of action. If an officer relies of a false warrant based on the law enforcement agency mistakes, this officer becomes accountable in a court of law. When mistaken identity occurs because an officer failed to understand the requirements of law enforcement in identifying individuals, the officer mistake makes him/her liable (Kerr, 2010). Additionally, when a judge declares in a court of law that evidence was not seized or obtained legally it is not used in tra...