Rights & the Constitution

Fourth Amendment Intended to limit overzealous behavior by the police Search and seizure Probable Cause –Standard for legal arrest –More than a mere hunch yet less than actual knowledge

Exclusionary Rule –All evidence obtained in violation of the Fourth Amendment be excluded from government’s use in a criminal trial Weeks v. United States (1914) “Silver Platter Doctrine” Olmstead v. United States (1928)

Students and Rights Do students in public institutions enjoy Fourth Amendment privileges? Students have a legitimate expectation of privacy while attending school But schools need to maintain a safe and secure learning environment Searches by officials in schools, the standard is reasonable suspicion Police officers are still held to a stricter Fourth Amendment standard Tinker v. Des Moines Independent Community School District (1969)

Arrests With a warrant The best way for the police to effect an arrest is with a warrant A neutral magistrate issues the arrest warrant if he or she agrees that probable cause exists Warrantless Arrests Requires exigent circumstances Court cases In a 1979 decision, the Court ruled that police may not randomly stop a single vehicle to check driver’s license and registration

Arrests In 1990, the Court ruled that the stopping of all vehicles passing through sobriety checkpoints did not violate the Constitution Police are not required to give drunk- driving suspects Miranda warnings Police may arrest everyone in a vehicle in which drugs are found

Search & Seizure Five types of searches without a warrant 1.Incident to lawful arrest 2.Field interrogation (stop-and-frisk) 3.Automobiles 4.Plain view 5.Consent

5 th Amendment Right against self-incrimination Miranda v. Arizona (1966) –Once arrested, warnings must be given before interrogation –No need for routine traffic stops Entrapment –“Fundamental fairness” –Cannot induce or encourage a person to commit a crime –Focus on the conduct of the defendant, not the government

6 th Amendment Right to counsel

Police Ethics Accountability Gratuities Law Enforcement Code of Ethics

Use of Force Legitimate uses of force Three legitimate and responsive forms of force 1.The right of self-defense 2.The power to control those for whom one is responsible 3.The relatively unrestricted authority of police to use force as required

Force Continuium Continuums 1.Officer presence and verbal direction 2.Touch control 3.Empty-hand tactics and chemical agents 4.Tasers and impact weapons 5.Deadly force

Police Corruption Oldest and most persistent problem in American policing Knapp Commission (1973) –Meat-eaters and grass-eaters –Several factors that influence how much graft officers receive 1.Character of the individual officer Most important

Corruption 2.The branch of the department and the type of assignment Plainclothes have more opportunities 3.Rank Payoffs generally ascend proportionally with rank