Under which circumstance are police not liable?

In the context of police liability, the principle of good faith is significant. When police officers act in good faith, they are assuming that they are performing their duties correctly and within the bounds of the law. This means that if they make a decision or take an action based on the best information available at the time and with honest intent, they generally cannot be held liable for the consequences of that action, even if it turns out to be a mistake.

This protection is often rooted in public policy considerations that aim to allow law enforcement personnel to execute their duties without the constant fear of litigation, provided their actions are aligned with good intentions and lawful conduct. This encourages officers to make quick, necessary decisions in high-pressure situations without the paralysis of worrying about potential legal ramifications for every action taken.

In contrast, other circumstances like negligent actions or unlawful actions expose the police to liability, as negligence implies a failure to meet a standard of care that a reasonable officer would uphold, and unlawful actions clearly surpass any bounds of acceptable conduct. Therefore, good faith actions help protect police officers when they are performing their responsibilities under the assumption that they are acting lawfully and ethically.