Section III Challenges to the Profession

1. Section IIIChallenges to the Profession Chapter 8 Policing within the Law

2. Working Rules for Discretion The importance of time, place and appearance: officers look for things that don’t fit “Do Unto Others”: being fair “Threshold”: stopping people who exceed a limit “Pissing off the Police”: demeanor influences officer’s response to citizens

3. The Fourth Amendment • Requires that searches and seizures be reasonable and based on probable cause • Reasonable • Sensible, justifiable, logical • Probable cause must be based on • Observation by officers • Expertise of officers • Circumstantial factors • Information communicated to officers

4. Voluntary Contact • Officer requests or invites a subject’s participation. • Officer must not order, demand, require, instruct or coerce it. • Advantages of voluntary contact: • Lower probability of causing subject to be defensive • A freer flow of information • Increased likelihood of getting a consent to search • Heightens rapport and trust • Far less risk of complaints, lawsuits and liability

5. The Terry Stop Stopping someone based on reasonable suspicion The authority to stop and frisk is independent of the power to arrest. Allows officers to take necessary steps to protect themselves A stop is NOT an arrest, but it IS a seizure. Seizure = whenever an officer restrains an individual’s freedom to walk away Search = when an officer explores an individual’s clothing Stop = a seizure with physical force or a show of authority Frisk = a search

6. Requesting Identification • Plain View • Evidence that isn’t concealed and is seen by an officer engaged in a lawful activity. • Officer must observe the item through his sense of sight without moving or manipulating things to allow viewing. • Plain Feel/Touch • Officers can use limited plain touch/feel during frisks. • Contraband plainly felt by the officer in good faith is admissible in court.

7. Road Blocks and Checkpoints • Constitutional • Border checkpoints • Sobriety checkpoints • Informational roadblocks • Unconstitutional • Drug checkpoints • General crime control checkpoints • Driver’s license checkpoints

8. Detention • An officer says or does something that would cause a reasonable innocent person to believe he is not free to disregard the police presence and go away. • A detention must be justified by “reasonable suspicion” of criminal activity on the part of the detainee. • Probable cause is never constitutionally required for detentions. • Detentions include • Pedestrian stops • Vehicle stops • Restraint of occupants while a search warrant is being served

9. Lawful Searches • A search warrant has been issued. • No warrant has been issued, but • Consent to search was given. • Exigent circumstances exist. • There is no expectation of privacy and thus, no requirement for a search warrant.

10. Types of Searches Searches conducted with a warrant Anticipatory search warrants High-risk situations Nighttime and no-knock search Administrative warrants Warrantless searches with consent Warrantless searches under exigent circumstances Warrantless searches incidental to a lawful arrest Warrantless searches of automobiles and other conveyances Warrantless searches where no reasonable expectation of privacy exists Open fields, abandoned property and trash Aerial searches

11. Challenges to Warrantless Searches Probable cause was not established—given the facts, a magistrate would not have issued a warrant. The officers had time to secure a warrant and had no justification to act without one.

12. Limitations on Searches The scope must be narrowed. General searches are unconstitutional.

13. Lawful Arrests • An arrest is a seizure of a person in which the subject is • Required to go elsewhere with police, or • Deprived of his freedom of movement for more than a brief period of time, or • Subjected to more force than is reasonably part of an investigative detention

14. Four Elements of a Criminal Arrest • An intent by an officer to make an arrest • Authority to arrest • A seizure or restraint • An understanding by the person that he or she is being arrested

15. Types of Arrests Arrests without a warrant De facto arrests

16. Miranda Rights • The Miranda warning must be given to a suspect interrogated in police custody. • The Miranda rights: • You have the right to remain silent. • If you give up the right to remain silent, anything you say can and will be used against you in a court of law. • You have the right to speak with an attorney and to have the attorney present during questioning. • If you so desire and cannot afford one, an attorney will be appointed for you without charge before questioning • Public safety exception

17. Study Guide Understand the rules regarding warrantless arrests. (Entering dwellings?) Know the 4th amendment What is the exception for Miranda not being administered? Which type of checkpoints are not upheld by the supreme court? Understand searches with consent. Searches conducted with a warrant must be? 293 Know the different names for a stop. What are sobriety checkpoints a form of? What are Caroll v US and Terry v Ohio?

18. Study Guide Know the forms of forced entries. Why are protected sweeps allowed? What is a stop and frisk called by the Court? What will a search warrant normally require? Know the difference between Plain View and the Plain View Doctrine. How old is the concept of probable cause?