NCJ Number
188449
Journal
American Journal of Criminal Justice Volume: 25 Issue: 1 Dated: Fall 2000 Pages: 41-64
Date Published
2000
Length
24 pages
Annotation
This paper examines constitutional issues arising from Section 1983 civil litigation against both the police and the media for media presence during the execution of warrants.
Abstract
Reality-based police television programs have received extensive criticism on the grounds that they overestimate the prevalence of violent crime, misrepresent the percentage of criminals who are minorities, and perpetuate myths about the effectiveness of law enforcement. However, few critiques have examined the constitutional issues behind reality-based police television programs. This analysis focuses on civil litigation under Section 1983, which provides a cause of action for individuals who suffer violations of federally protected rights, including constitutional rights. The analysis notes that constitutional issues focusing on the media relate to questions of whether citizens enjoy reasonable expectation of privacy, whether media actors are considered governmental agents for purposes of Section 1983 civil liability, and whether members of the media can be held liable for Fourth Amendment violations. The analysis concludes that media presence has important implications for analyses regarding people’s right to privacy, color of law, qualified immunity, and Fourth Amendment reasonableness. List of cases cited and 37 references (Author abstract modified)