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CJ I / Critical Thinking 3/13/16 Why do you think it is important that law enforcement agencies have limited authority? What do you think are the key benefits of community policing? Why? 30 words per question & turn in 30 words per question & turn in
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The Police - Citizen Encounter
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Consensual Encounter An encounter with a person does not amount to a “seizure” unless a reasonable person would believe, under all the circumstances, that he or she is not free to end the encounter.
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Roadblock or Check Point Stops Brief, systematic stops of vehicles as part of a roadblock or check point program is constitutional. A roadblock that is primarily intended to serve a general interest (not specific) in enforcement of criminal laws is not constitutional. Courts generally require that roadblocks be conducted according to a detailed plan and supervised by a ranking officer.
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Probable Cause A reasonable belief that a crime has been committed, and that the person is linked to the crime with the same degree of certainty.
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Investigative Detention Reasonable Suspicion If you have knowledge of specific facts that lead you to reasonably suspect that a person is involved in criminal activity, you may stop and briefly detain the person for questioning even without (probable cause) for an arrest.
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Pretext Stop An arrest or stop may be held to be illegal, and the evidence it reveals unusable, if a court concludes that you were using the arrest or stop as a “pretext” to investigate a hunch concerning a different offense.
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Personal Observation & Information Known to Other Officers You may obtain enough cause to stop and frisk from sources of information other than your own personal observation.
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Tips From Informers Information from known criminals or anonymous sources must be corroborated.
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Terry Stop (Terry v. Ohio, 1968) You can stop a suspect for a brief investigative detention even though you do not have sufficient cause to arrest him IF: You have knowledge of facts that reasonably lead you to believe that the suspect is involved in criminal activity. You identify yourself as a police officer and make reasonable inquiries as to the suspect’s conduct…
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Terry Frisk A frisk may not be a full search. It must be a carefully limited search of the suspect’s outer clothing, aimed at discovering weapons. If you detect an object that feels like it is or could be a weapon, you may seize it. However, your authority to conduct a frisk on reasonable suspicion does not allow you to remove an item from a suspect’s clothing that you do not reasonably believe is a weapon.
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Plain Touch Seizures If, while frisking “Terry Frisk” a suspect for weapons, you detect an object that is not a weapon, you may seize it without a warrant if your experience and sense of touch make it “immediately apparent” to you that the object is contraband or evidence of a crime.
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Police Canine Search Courts have held that an “alert” by a reliable police canine is sufficient to establish probable cause to search.
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Motor Vehicle Stops Once you have made a legal stop for a traffic violation, you automatically have the right to order the occupants to exit the vehicle for officer safety purposes. Also, if you reasonably suspect that an occupant could be dangerous and gain control of a weapon in that car… You may conduct a brief search of the vehicle, limited to the areas where a weapon might be placed or hidden.
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Community Policing A collaborative effort between the police and the community that identifies problems of crime and disorder and involves all elements of the community in the search for solutions to these problems.
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QUESTIONS? THE END!
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Terry Stop (Terry v. Ohio, 1968) Research the above Case and answer the following questions: (Due at the end of class) 1. When is a person seized and what constitutes a search? 2. Did the Court consider the actions of the police reasonable? Explain your answer: 3. Was the stop and frisk of Terry reasonable? Explain your answer: 4. What was the sole justification for the search? 5. Summarize the events of the Terry Stop/Case. (Minimum 100 words)
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