The Police And Law Enforcement

1. The Police And Law Enforcement

2. Police • The police are gatekeepers of the CJ process. • What does that mean?

3. Police • The police are gatekeepers of the CJ process. • What does that mean? • First contact • Decide whether to arrest or handle informally • Possible long term, serious consequences • Like what?

4. Police • Historical Background • Primary Functions • Enforcement arm of reigning political power • Protect private privacy • Control increasing number of immigrants

5. Police • Historical Background • The Twentieth Century • Period of Reform • Professionalism • Police Agency Reorganization • Recruiting, Training, Discipline • Centralization, Bureaucracy, Technology • Large Increase in Number of Officers

6. Police • Modern Policing (1960 – Present) • 1960’s • Supreme Court limits police operations, procedures • 1970’s • Women and minorities recruited, Affirmative Action • 1980’s • Community Policing Concept • 1990’s • Efforts to cooperate with communities, problem solve

7. Police • Law Enforcement Categories • Federal • State • County • Local

8. Police • Law Enforcement Cost • Average police officer cost $62,000 annually • 40% more in large jurisdictions • You want value for the dollar spent. • You expect professional service—with a smile.

9. Police • How tough is the police officer job? • Enforce laws in toughest areas in America • Criticized when tactics allegedly too tough • Should police receive a better break?

10. Police • Romantic Perception of Police Work • Fearless crime fighter • Selfless • Daily Shootouts • Good guy wins

11. Police • Realities of Police Work • Dangerous • Stressful • Tedious • Feels Unappreciated and Misunderstood • Career Concerns • Family Problems

12. Police • Realities of Police Work • Social work and admin take 50% of time • 1/3 of officers do not perform line officer duties • Average 2 arrests monthly, 1 serious quarterly • Do police deserve $62,000 annual av. Salary?

13. Police • Realities of Police Work • Huge Responsibility • Split Second Decisions • Sensitivity to Citizen Needs

14. Police • Police Effectiveness • How good are police apprehension rates? • Poor • Report of crime in progress, 33% arrest rate • Crime report 1 minute later, 10% arrest rate • 15 minute elapsed time, 5% arrest rate • Are police effective at deterring crime? • Patrol does not seem to deter crime.

15. Police • Traditional Police Roles • Patrol • Selective Enforcement • Community Problem Solver • Investigation • Undercover • Sting • Vice

16. Police • Police Wants • To Be Proactive Crime Fighter • Initiate actions against criminals • Community Wants • Make Community Safe (Is this realistic?) • Perform Dangerous and Distasteful Duties • Crack Down on Lawbreakers (Except them)

17. Police • Police vs Community Wants • Public Often Resents Police • Resents their power to use force • Resents their power to arrest • Resents their ability to deny individual vices • Result: Role Conflict • Some police feel ambivalent about the public • Some police are tempted to take “gain” themselves

18. Police • Changing Police Roles • Community Policing • Strategy emphasizing fear reduction, community organization, and order maintenance rather than crime fighting • Problem Oriented Policing • Style of police management emphasizing proactive problem solving rather than reactive crime fighting

19. Issues In Policing • What is the Blue Curtain?

20. Issues In Policing • What is the Blue Curtain? • Secretive, insulated, police culture that isolates officers from the rest of society. • Might you expect this to result in problems? • Use of discretion? • Unintentional bias?

21. Issues In Policing • Police Culture Core Beliefs • Police are the only real crime fighters. • No one else understands the nature of police work • Loyalty to colleagues counts above all else. • Beating crime requires bending the rules. • The public is unsupportive and too demanding. • Patrol work is boring.

22. Issues In Policing • Police Groupies • Attracted to macho guys • Share some or all of police culture core values • Enjoy power displays, dominance games • Leather and restraints are turn ons

23. Issues In Policing • Police Personality • Often distinct from that of the average citizen • Dogmatic • Authoritarian • Suspicious • Racist • Hostile • Insecure • Conservative • Cynical

24. Issues In Policing • Police Personality • Results of these attitudes and value • Secretive • Somewhat Isolated From Society • The Blue Curtain

25. Issues In Policing • Reasons For Police Working Personality • Constant chance of danger • Need to use force and authority for control • Vicious Cycle • Cynicism results in need to exert authority • Authoritarian actions cause citizen fear, distrust • Citizen attitudes contribute to “police paranoia” • Cynicism deepens, hard to change, job ineffectiveness

26. Issues In Policing • Police Discretion • Is this a problem based on what we discussed? • Factors Affecting Discretion

27. Issues In Policing • Police Discretion • Is this a problem based on what we discussed? • Factors Affecting Discretion • Legal Issues • Alternatives (TX, etc) • Victim Offender Relationship • Attitude • Peer Pressure • Race

28. Issues In Policing • Are College Educated Officers Better? • Better • Communication, esp. with minorities • More innovative • Act more professionally • Less likely to be disciplinary problems • More likely to be promoted • Fewer citizen complaints

29. Issues In Policing • Are College Educated Officers More Effective Crime Fighters? • Not

30. Issues In Policing • Women and Racial Minorities • Would more women and racial minority group members improve police effectiveness? • Female officers more sympathetic to victims • Female officers more likely to offer TX

31. Issues In Policing • Women and Racial Minorities • Should female officers be allowed unrestricted duty and equal promotions? • Female officers less likely to use firearms • More emotionally stable • Less likely to injure a citizen • More likely to suffer injuries

32. Issues In Policing • Realities For Female Police Officers • Still striving for broad, full acceptance • Report sexual harassment is common • Report other discrimination on the job • For failure to buy into established subculture • Discrimination worse for racial minority females

33. Issues In Policing • The Threat of Civil Litigation • Caused police to make some rapid changes • Alleged use of excessive force • Sexual misconduct • Etc.

34. Issues In Policing • The Threat of Civil Litigation • Monnell vs Department of Social Services (1978) • Landmark Case • Local agencies can be liable for their employee’s actions if the actions are part of official custom or practice • Liable under Federal Civil Rights Act • Title 42 USC, Section 1983 • Referred to as Section 1983 cases

35. Issues In Policing • How should we determine appropriateness of police actions? Example: Use of Force

36. Issues In Policing • How should we determine appropriateness of police actions? • Graham vs Conner – Use of Force Case • Reasonableness Test • Would a person of similar training and experience do the same thing in in the same of similar situation?

37. Issues In Policing • Police Corruption • Are most police officers honest? • Some things are always wrong • Accept money to “look the other way” • Solicit money in exchange for services • Taking minor items for personal use at crime scene • Are some things “benefits of the job” or are they wrong? • Accepting free coffee? • Show badge, expect 50% discount on lunch • Free admission to concerts

38. Break • Read assignments. • Participate in class discussions. • Review notes weekly.

39. Police and The Law • Should privacy rights be secondary to public safety? • Should the Fourth Amendment be a check on police power?

40. Police and The Law • Primary Investigation Techniques • Stopping and Questioning People • Interrogating Suspects • Are controlled by the law. • Statutes • Constitutional Case Law

41. Police and The Law • Search and Seizure • Search or seizure without warrant is unlawful • No warrant to be issued without probable cause • Probable Cause • Reasonable belief that an offense has or is being committed • Reasonable Belief • Sworn police statement the request is based on trustworthy information

42. Police and The Law • No Knock Search Warrant • Must be justified on a case by case basis

43. Police and The Law • Warrantless Searches • Search following lawful arrest • Field interrogations • Others • Auto Searches • Consent Searches • Drug Courier Profiles • Plain View • Law of Electronic Surveillance

44. Police and The Law • Warrantless Searches • Search Following Lawful Arrest • Limited to area where person can reach for a weapon or destroy evidence

45. Police and The Law • Warrantless Searches • Field Interrogation • AKA: Threshold Inquiry and Stop-and-Frisk • May be done when suspect BTB armed & dangerous • Includes plain view and plain feel

46. Police and The Law • Warrantless Searches • Automobile Searches • If probable cause exists to believe auto contains criminal evidence, police may search: • The vehicle • Closed containers in the vehicle

47. Police and The Law • Warrantless Searches • Roadblock Searches • Permissible provided: • Cars must be stopped systematically • In a uniform manner • Someone other than officer at the scene determines procedure

48. Police and The Law • Warrantless Searches • Consent Searches • Consent must be voluntary • Consent waives Fourth Amendment rights

49. Police and The Law • Warrantless Searches • Plain View • Includes vehicle interior and curtilage • Includes aerial surveillance

50. Police and The Law • Electronic Surveillance • Principle: Reasonable expectation of privacy • Search Warrant Required • Telephone wire taps • Electronic mail • Other computer data transmissions • Thermal imaging