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CHAPTER

CHAPTER. 7. Policing: Legal Aspects. Landmark cases clarify the “rules of the game” —the procedural guidelines by which the police and the rest of the justice system must abide. The Court addresses only real cases and does so on a writ of certiorari. Landmark Cases. Search and Seizure.

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  1. CHAPTER 7 • Policing: Legal Aspects

  2. Landmark cases clarify the “rules of the game”—the procedural guidelines by which the police and the rest of the justice system must abide. The Court addresses only real cases and does so on a writ of certiorari. Landmark Cases

  3. Search and Seizure 2009 Pearson Education, Inc

  4. “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Search and Seizure: The Fourth Amendment

  5. What are the methods by which the Police can Search without a Warrant?

  6. The Fourth Amendment protects against unreasonable searches, but it protects people, not places. A limited area search following arrest may be acceptable. Search Incident to Arrest U.S. v. Rabinowitz (1950)

  7. Objects falling in “plain view” of an officer, who has the right to be in the position to have the view, are subject to seizure and may be introduced as evidence. The Plain View Doctrine applies only to sightings by the police under legal circumstances. Plain View Doctrine Harris v. U.S. (1968)

  8. Emergency Searches of Property Three threats provide justification for emergency warrantless searches (searching during exigent circumstances). Clear dangers to life Clear dangers of escape Clear dangers of removal or destruction of evidence

  9. “4th Amendment does not require police to delay in the course of an investigation if to do so would gravely endanger their lives or the lives of others.” Emergency Searches Warden v. Hayden (1967)

  10. Police can search locations in a house where a potentially dangerous person could hide while an arrest warrant is being served. Primarily meant to protect officers from danger. Can apply when officers lack a warrant, probable cause, or even reasonable suspicion. Emergency Searches Maryland v. Buie (1990)

  11. What is a Search Warrant?

  12. The Court upheld the constitutionality of anticipatory warrants—search warrants issued on the basis of probable cause to believe that evidence of a crime, while not currently at the place described, will likely be there when the warrant is executed. Anticipatory Warrants U.S. v. Grubbs (2006)

  13. Arrest 2009 Pearson Education, Inc

  14. What constitutes an Arrest?

  15. An arrest occurs when a law enforcement officer restricts a person’s freedom to leave. It is: The act of taking an adult or juvenile into custody by authority of law for the purpose of charging the person with a criminal offense, a delinquent act, or a status offense, terminating with the recording of a specific offense. Arrests

  16. The basic minimum element for an arrest under any circumstance is probable cause. Arrests

  17. Reasonable suspicionis a general and reasonable belief that a crime is in progress or has occurred whereas probable cause is a reasonable belief that a particular person has committed a specific crime. Reasonable Suspicion Versus Probable Cause

  18. Investigatory stops of vehicles required reasonable suspicion. Warrantless searches of vehicles must be based on probable cause (fleeting-targets exception). Mobility of vehicles would allow them to quickly flee. Warrants are necessary if time and circumstances permit them. Fleeting Targets: Vehicle Searches

  19. Suspicionless searches of vehicles at our nation’s borders are permitted, even when searches are extensive. U.S. v. Flores-Montano (2004) “The Government’s authority to conduct suspicionless inspections at the border includes the authority to remove, disassemble, and reassemble a vehicle’s fuel tank.” Suspicionless Border Searches

  20. Police Interrogation 2009 Pearson Education, Inc

  21. Police Interrogation • An interrogation refers to the information-gathering activity of police officers that involves the direct questioning of suspects. • During an interrogation, there must be no: • Physical abuse • Inherent coercion • Psychological manipulation

  22. What does the Miranda Ruling Say with Regard to Police Interrogations?

  23. A waiver of Miranda rights can be done if such a waiver is voluntary, knowing, and intelligent. Silence is not a waiver. Waiver of Miranda Rights

  24. New York v. Quarles (1984) Considerations of public safety were overriding and negated the need for rights advisement prior to limited questioning that focused on the need to prevent further harm. Public Safety Exception to Miranda

  25. CHAPTER 8 • Policing: Issues and Challenges

  26. “The police at all times should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and that the public are the police.” - Sir Robert Peel, 1829

  27. Police personality and culture Corruption and integrity Dangers of police work Police use of force Racial profiling Police civil liability Policing in a multicultural society Contemporary Policing Issues and challenges facing police officers and administrators:

  28. Police subculture—the set of informal values that characterize the police force as a distinct community with a common identity. Police officers learn what is considered appropriate police behavior through formal and informal socialization—through the academy and from conversations with seasoned veterans. Police Personality and Culture

  29. Police Working Personality • Over time, officers come to develop the police working personality. • The traditional values and patterns of behavior evidenced by police officers who have been effectively socialized into the police subculture. • Often extends to the officer’s personal lives.

  30. Slippery Slope of Corruption Acceptance of small gratuities can lead to more readily acceptance of larger bribes.

  31. U.S. Law Enforcement Officers Killed in the Line of Duty, 2006 Based on data from the Officer Down Memorial Page. Webte: http://www.odmp.org

  32. Risk of Disease and Infected Evidence • Officers must take caution due to the number of serious diseases that can be transmitted by blood or other bodily fluids and possible release of biological weapons. • Responding to calls, using breath alcohol instruments on infected persons, and handling evidence must be done carefully.

  33. Biological Incident Law Enforcement Concerns Concerns exist over contact with: • Suspicious material • Human bites • Spit • Urine/feces • Blood and body fluids Officers should take universal precautions and use caution in all situations.

  34. What are sources of Stress in Police Work?

  35. Sources of Stress • Stressors in police work include: • Exposure to violence and suffering • Negative public opinion • Shift work and overtime • Dealing with death • Living in constant danger • Feeling like efforts do not always “make a difference” • Arrests not leading to convictions • Evidence not being allowed in court

  36. Stress Reduction • Ways to reduce stress include: • Humor • Emotional distance • Exercise • Meditation

  37. Police Use of Force: … use of physical restraint by a police officer when dealing with a member of the public.

  38. Police Use of Force • Law enforcement are authorized to use the amount of force that is reasonable and necessary given the circumstances. • Force may involve: hitting, restraining, choking, restraining with a police dog, handcuffing, threatening with a baton, flashlight, or gun.

  39. Police Use of Force • Police use force in fewer than 20% of adult custodial arrests. Most tactics are weaponless. • Female officers are less likely to use physical force and firearms than male officers. They are more likely to use chemical force.

  40. Excessive Force • Police use force in fewer than 20% of adult custodial arrests. Most tactics are weaponless. • There’s a difference between use of excessive force and excessive use of force. Both of those can also be distinguished from illegal use of force.

  41. The Problem Police Officer Excessive force can be symptomatic of problem police officers—officers who exhibit problem behavior, as indicated by high rates of citizen complaints, use-of-force incidents, and by other evidence.

  42. Deadly Force • The FBI defines deadly force as “the intentional use of a firearm or other instrument resulting in a high probability of death.” • According to a 2001 Bureau of Justice Statistics report, the number of justifiable homicides by police averages “nearly 400 felons each year.”

  43. Tennessee v. Garner (1985) • Prior to Tennessee v. Garner (1985), the fleeing felon rule guided deadly force decision-making in most U.S. jurisdictions. • The Court invalidated the fleeing felon rule and held that deadly force could be justified only where the suspect could reasonably be thought to represent a significant threat of serious injury or death to the public or the officer and where deadly force is necessary to effect the arrest.

  44. Can Police Officers have Civil Charges Brought Against them?

  45. Civil Liability • Civil liability refers to the potential responsibility for payment of damages or other court-ordered enforcement as a result of a ruling in a lawsuit. It is not the same as criminal liability. • Civil liability suits against law enforcement personnel may be state or federal. • Supervisors may be held responsible for the actions of their officers.

  46. Major Sources of Police Civil Liability • Failure to protect property in police custody • Failure to render proper emergency medical assistance • Failure to aid private citizens • False arrest • False imprisonment • Inappropriate use of deadly force • Unnecessary assault or battery • Negligence in the care of suspects in police custody. • Failure to prevent a foreseeable crime • Patterns of unfair and inequitable treatment • Malicious prosecution • Violations of constitutional rights • Racial profiling

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