1. Roles, Functions, & Organization
Police
Roles, Functions, & Organization

2. Police Functions?
Why do we have police? What are their duties and/or roles? List as many as you can think of…

3. How are police portrayed in the media?
Based on media portrayal’s of police, how would you characterize them?
What duties do they do on a daily basis?
What is their major function in society?

4. Police Organization Federal State Local
FBI, DEA, US Marshalls, Homeland Security
State
Local
City
County  Sheriff’s Department
Local police agencies are usually organized in a hierarchical manner
Most also follow a system in promoting personnel  time-in-rank system: before moving up the administrative ladder, an officer must spend a certain amount of time in the next lowest rank

5. Police Organization Patrol, Traffic, Specialization Detective Sergeant
Lieutenant
Captain
Inspector
Deputy Chief
Bureau Chief
Deputy Commissioner
Police Commissioner

6. ABA Police Goals
Prevent and control conduct considered threatening to life and property
Aid people who are in danger of harm
Protect constitutional rights
Facilitate the movement of people and vehicles
Aid those who cannot care for themselves
Resolve conflict
Identify problems
Create a feeling of security.

7. Police Function 3 main police expectations:
Maintain order
Enforce the law
Provide services as they seek to prevent crime
However, they take on many roles and duties- directing traffic, handling accidents, breaking up parties, investigating crimes, finding missing persons.

8. Order Maintenance
Preventing behavior that either disturbs or threatens to disturb the peace or involves face-to-face conflict among two or more people.
Examples?
Requires officers to decide not only whether a law has been broken but also whether to take action and if so, who should be blamed.
Usually done by a patrol officer

9. Order Maintenance- Patrol
Patrol Officers often make up 2/3 of police personnel
Most visible police personnel
Responsible for supervising specific areas (beats)
Goal of patrols are to 1) deter crime 2) intervene to maintain order 3) respond quickly

10. Service
Providing assistance to the public, usually in matters unrelated to crime.
Examples?
Providing first aid
Rescuing animals
Directing traffic
Providing information
Calls to Police
Out of 26,000 calls for police assistance, about 80% did not involve crimes

11. Law Enforcement
Controlling crime by intervening in situations in which the law has clearly been violated and the police need to identify and apprehend the guilty person.
Usually done by a detective
Investigate the cause of the criminal activity
Find the individuals responsible and pinpoint a suspect
Analyze clues to determine a suspect

12. Law Enforcement- Detective
Detectives can begin work after a patrol officer has made initial contact (seen the suspect in action, etc) or can follow up on leads
In determining a suspect, detectives will:
Conduct interviews of potential witnesses
Interrogate suspect
Gather evidence

13. Checks on Police Power

14. Police and the Law
Police, especially detectives, are given the responsibility of finding the necessary information to prove the guilt and provide justice.
This task comes with several restrictions and guidelines set forth by the U.S. Constitution, state constitutions, the Supreme Court and other legal documents.

15. 4th 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.

16. 4th Amendment Right
Every American is protected against unreasonable searches and seizures.
Search: government actor infringes on a person’s reasonable exception of privacy
Home, car, personal property
Seizure: government actor takes physical possession
Most often refers to – arrest
MUST have permission (warrant) and probable cause

17. Warrants Written legal permission to either search or arrest
Search Warrant:
Order issued by judge directing officers to conduct a search of specified premises for specified objects
Arrest Warrant:
Order issued by a judge directing officers to arrest a particular individual
Exception: a warrantless arrest can occur if the crime is directly witnessed by the police officer

18. Warrant Requirements Probable Cause
A reasonable belief, based on fact, that a crime has been committed and that a person, place, or object to be searched and/or seized is linked to the crime with a reasonable degree of certainty
Based on fact  evidence (hard evidence, but also tips, informants, etc)
Issued by a neutral and detached magistrate – judge
Particularity- warrant must be specific on the place and things
Exception: Plain-view exception allows police to notice items in plain view that are not listed on warrant
Warrant must be served

19. Exceptions
Exceptions have been carved out by the Supreme Court over time
Warrantless arrest
If criminal activity is directly seen by a police officer, you can be arrested without a warrant
Must be brought before a judge usually within 48 hours for a probable cause hearing
Exigent Circumstances
Events that demand emergency and/or immediate attention
Examples: hot pursuit, threats to others & evidence, danger of suspect escaping.

20. Exceptions 3. Stop and Frisk 4. Automobile Searches 5. Consent Search
Suspicious individual seen out in the ‘field’ can be stopped and frisked
Stopped if you appear to be acting in a suspicious manner
Frisked if police has reason to believe you are armed and dangerous
4. Automobile Searches
Can search if probable cause that physical evidence is in the car
5. Consent Search
Individual waives their rights and consents to a search

21. Interrogation Questioning after an arrest
Protected by the Miranda v. Arizona case ruling
Suspects in custody must be told that they have the following rights:
Right to Remain Silent
If they chose to make a statement, it can and will be used against them in a court of law
They have the right to an attorney present at the time of interrogation, or they will have an opportunity to consult with an attorney.
If they cannot afford an attorney, one will be appointed by the state.

22. Interrogation Requirements
Must be given before questioning can begin
Can be waived by the suspect, but police must have evidence that suspect fully understood that they were giving up their rights
Once the suspect asks for an attorney, NO more questioning can occur until attorney is present

23. Interrogation Exceptions
Public Safety Doctrine:
Can be questioned in the field without Miranda rights if the police need immediate information to protect public safety.
Where is the bomb located?
Failure to provide is not illegal if the case does not become a criminal matter
Arrest you for public intoxication, but end up only holding you in jail for the night
Did not have to read you the Miranda rights, because you are not begin charged with an offense

24. Supreme Court & Police
Mapp v. Ohio (1961)- Illegally obtained material cannot be used in a criminal trial. While searching Dollree Mapp's house, police officers discovered obscene materials and arrested her. Because the police officers never produced a search warrant, she argued that the materials should be suppressed as the fruits of an illegal search and seizure.
Miranda v. Arizona (1966)- Police must inform suspects of their rights before questioning. After hours of police interrogations, Ernesto Miranda confessed to rape and kidnapping. At trial, he sought to suppress his confession, stating that he was not advised of his rights to counsel and to remain silent.
Terry v. Ohio (1968)- Stop and frisks do not violate the Constitution under certain circumstances. Observing Terry and others acting suspiciously in front of a store, a police officer concluded that they might rob it. The officer stopped and frisked the men. A weapon was found on Terry and he was convicted of carrying a concealed weapon. The Supreme Court ruled that this search was reasonable.