Unit 4 Policing: Legal Aspects 4/26/2017

Unit 3 Review The police mission in democratic societies. The five core operational strategies of today’s�Police departments. The term police management and describe the different types of organizational structures typical of American police departments. The three styles of policing and discuss differences in these approaches. 4/26/2017

Power Point Project Instructions Click on the project tab to access the instructions

Project Instructions In Chapter 6 you learned about the 5 core operational strategies (preventive patrol, routine incident response, emergency response, criminal investigation, problem solving) and 1 ancillary operational strategy (support services) that are employed by law enforcement agencies to fight and reduce crime. In this assignment, you will create a PowerPoint presentation that meets the following criteria: Summarize the five core operational strategies and the one ancillary operational strategy of law enforcement. Explain how these strategies are used by law enforcement agencies to achieve their crime fighting goals. Your PowerPoint presentation must consist of no fewer than six (6) slides (at least one slide per strategy).The title slide and references slide are not included in this total, and are also required. 4/26/2017

Submitting Project 4/26/2017

Download attachment 4/26/2017

Project Due Date The Project is due at the end of Unit 4. If you need help contact me . Jwills2@kaplan.edu 651-755-2876 4/26/2017

Policing: Legal Environment The U.S. Constitution was designed to protect against abuses of police power. Restraints on police behavior: Help to ensure individual freedoms. Must be balanced against the need for police to effectively do their jobs. 4/26/2017

What is the purpose for the Bill of Rights? 4/26/2017

Changing Legal Climate The U.S. Constitution, especially the Bill of Rights, is designed to protect citizens from abuses in police power. Due Process is required by 4th, 5th, 6th, and 14th Constitutional Amendments. 4/26/2017

What police actions are covered under DUE PROCESS? 4/26/2017

Police and Due Process Most due process requirements relevant to the police involve: Evidence and interrogation (search and seizure) Arrest Interrogation 4/26/2017

Landmark Cases Landmark cases clarify the “rules of the game”—the procedural guidelines by which the police and the rest of the justice system must abide. 4/26/2017

Search and Seizure

Which Constitutional Amendment Protects Citizens against illegal searches and Seizures. 4/26/2017

Search and Seizure: The Fourth Amendment “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.” 4/26/2017

Search and Seizure: The Fourth Amendment The Fourth Amendment protects one’s privacy from unreasonable searches and seizures. 4/26/2017

The Exclusionary Rule Mapp v. Ohio (1961) extended the rule to the Weeks v. U.S. (1914) established the exclusionary rule. Illegally seized evidence cannot be used in a trial. This rule acts as a control over police behavior. The decision was only binding to federal officers. Mapp v. Ohio (1961) extended the rule to the states. The 14th Amendment due process applies to local police, not just federal officers. 4/26/2017

Fruits of Poisoned Tree Silverthorne Lumber Co. v. U.S. (1918) Because illegally seized evidence cannot be used in a trial, neither can evidence that derives from an illegal seizure. 4/26/2017

Search Incident to Arrest The Fourth Amendment protects against unreasonable searches. A limited area search following arrest may be acceptable. 4/26/2017

Search Incident to Arrest Chimel v. U.S. (1969) Clarified the scope of a search incident to an arrest. Officers may search: The arrested person The area under the arrested person’s “immediate control” Officers can search for following reasons: To protect themselves To prevent destruction of evidence To keep defendant from escaping 4/26/2017

Good Faith Exception to the Exclusionary Rule U.S. v. Leon (1984) When law enforcement officers have acted in good faith, the evidence they collect should be admissible even if later it is found that the warrant they used was invalid. 4/26/2017

Plain View Doctrine Harris v. U.S. (1968) 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. 4/26/2017

Plain View Doctrine U.S. v. Irizarry (1982) Arizona v. Hicks (1987) Restricted the plain view doctrine Officers cannot move objects to gain a view of evidence otherwise hidden from view. Officers cannot move or dislodge objects to create “plain view.” 4/26/2017

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 4/26/2017

Arrest

Arrests 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. 4/26/2017

What is needed in order for an officer to be able to arrest someone? 4/26/2017

Arrests The basic minimum element for an arrest under any circumstance is probable cause. 4/26/2017

The “Terry” Stop Terry v. Ohio (1968) Reasonable suspicion is needed to “stop and frisk.” The facts must lead officers to suspect that crimes may be occurring, and that suspects may be armed. Justification: “We cannot blind ourselves to the need for law enforcement officers to protect themselves and other prospective victims of violence in situations where they may lack probable cause for an arrest.” 4/26/2017

Reasonable Suspicion Versus Probable Cause Reasonable suspicion is 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. 4/26/2017

Emergency Searches of Persons Emergency searches of persons falls under the exigent circumstances exception to the warrant requirement of the Fourth Amendment. 4/26/2017

All of the following conditions must apply. FBI Guidelines for Conducting Emergency Warrantless Searches of Persons All of the following conditions must apply. Probable cause to believe that evidence was concealed on the person searched. Probable cause to believe an emergency threat of destruction of evidence existed. No prior opportunity to obtain a warrant authorizing the search. The action was no greater than necessary to eliminate the threat of destruction of evidence. 4/26/2017

Fleeting Targets: Vehicle Searches 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. 4/26/2017

Vehicle Searches If probable cause exists or if permission is granted, warrantless vehicle searches can extend to any area of the vehicle, including: the trunk the glove compartment sealed containers within the vehicle 4/26/2017

Vehicle Searches A permissible search of a motor vehicle does not automatically extend to a search of a person within the vehicle. Occupants can be ordered to step out of the vehicle. 4/26/2017

Police Interrogation

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 4/26/2017

The Miranda Warnings 1. You have the right to remain silent. 2. Anything you say can and will be used against you in a court of law. 3. You have the right to talk to a lawyer and to have a lawyer present while you are being questioned. 4. If you want a lawyer before or during questioning but cannot afford to hire a lawyer, one will be appointed to represent you at no cost before any questioning. 5. If you answer questions now without a lawyer here, you still have the right to stop answering questions at any time. 4/26/2017

Waiver of Miranda Rights A waiver of Miranda rights can be done if such a waiver is voluntary, knowing, and intelligent. Silence is not a waiver. 4/26/2017

Public Safety Exception to Miranda 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. 4/26/2017

Special Kinds of Nontestimonial Evidence

Right to Privacy Schmerber v. California (1966) Warrants must be obtained for bodily intrusions unless fast action is necessary to prevent the destruction of evidence by natural physiological processes. 4/26/2017

The USA PATRIOT Act of 2001 The USA PATRIOT Act of 2001 made it easier for police investigators to intercept many forms of electronic communication. The Act: allows for roving, multi-point wiretaps broadened “sneak and peek” searches updated the pen/trap statue eliminated wiretap orders except for cases of real-time telephone conversations updated and expanded the types of records that law enforcement can obtain with a subpoena 4/26/2017

Contemporary Policing Issues and challenges facing police officers and administrators: 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

Police Personality and Culture 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.

Corruption and Integrity Most officers perform their duties responsibly, but occasionally some deviate from this norm. Power, authority, and discretion produce great potential for abuse. Corruption is the abuse of police authority for personal or organizational gain.

Building Police Integrity Police integrity can be promoted by: Integrating police ethics training into programs Conducting research in the area of ethics Studying departments that are models in the area of police ethics Building trusting relationships with the public Creating agency-wide cultures of integrity Raising awareness of internal affairs

When do officers face the greatest danger 4/26/2017

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In the line of duty deaths 2001-2010 4/26/2017

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Stress and Fatigue Stress and fatigue are a normal component of police work. Traumatic events, like hurricanes, terrorist attacks, and violent confrontations are instantly stressful. Serious stress, over long periods of time, is generally regarded as destructive and life- threatening.

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

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

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.

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.”

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.

The Federal Deadly Force Policy The federal policy is uses an “imminent danger” standard. Restricts the use of deadly force to ONLY those situations where the lives of officers or others are in danger.

Officer Implications of Deadly Force Social, legal, and personal complications Officers often suffer depression and despair Issues multiply in “suicide by cop” cases

Racial Profiling … any police-initiated action that relies on the race, ethnicity, or national origin rather than [1] the behavior of an individual, or [2] on information that leads the police to a particular individual who has been identified as being, or having been, engaged in criminal activity.

Racial Profiling Profiling originally was intended to help catch drug couriers. The practice has been widely condemned as being unethical and discriminatory and its use weakens public confidence in the police.

Racial Profiling In 2003, the U.S. Dept. of Justice banned racial profiling in all federal law enforcement agencies, except in cases involving possible identification of terrorists.

Racially Biased Policing A 2001 PERF study made recommendations to help police departments be free of biases. Recommendations include: Monitoring activity reports Spot check Regularly review samples of in-car videotapes, radio transmissions, and other forms of communications.

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

Criminal Liability Criminal charges can be brought against officers who appear to overstep boundaries or who act in violation of set standards.

Unit 4 Requirements Review Key Terms Read Chapters 7 and 8 Respond to the Discussion Board (PART I and II) Complete Quiz Complete the Unit 4 assignment Attend Seminar Turn in your Power Point assignment on Policing Strategies 4/26/2017

Unit 5 Mid Term We do not have seminar next week. 4/26/2017