1. Police and the Law 1 1 Police and the Constitution 10.1 Chapter 10 Police and the Law Chapter 10 Police and the Law

2. Section 10.1 Police and the Constitution Section 10.1 Police and the Constitution

3. Police and the Law 3 3 Police and the Constitution 10.1 CHAPTER OBJECTIVES After completing this chapter, you will be able to: 1.Explain how the U.S. Constitution, Bill of Rights, and U.S. Supreme Court relate to law enforcement. 2.Understand the various types of laws. 3.Distinguish between the exclusionary rule and good faith exception. 1.Explain how the U.S. Constitution, Bill of Rights, and U.S. Supreme Court relate to law enforcement. 2.Understand the various types of laws. 3.Distinguish between the exclusionary rule and good faith exception. continued

4. Police and the Law 4 4 Police and the Constitution 10.1 CHAPTER OBJECTIVES After completing this chapter, you will be able to: 4.See the differences in mere suspicion, reasonable suspicion, and probable cause. 5.Explain the requirements for a legal stop and frisk, search and seizure, and arrest. 6.Understand the concept of custodial interrogation. 4.See the differences in mere suspicion, reasonable suspicion, and probable cause. 5.Explain the requirements for a legal stop and frisk, search and seizure, and arrest. 6.Understand the concept of custodial interrogation. continued

5. Police and the Law 5 5 Police and the Constitution 10.1 CHAPTER OBJECTIVES After completing this chapter, you will be able to: 7.Comprehend the legal principles that apply to identification procedures. 8.Explain how civil liability applies to policing. 7.Comprehend the legal principles that apply to identification procedures. 8.Explain how civil liability applies to policing.

6. Police and the Law 6 6 Police and the Constitution 10.1 Bill of Rights The Bill of Rights was created to prevent the government from abusing power.

7. Police and the Law 7 7 Police and the Constitution 10.1 Bill of Rights Ten amendments to the Constitution that protect American citizens from government. Bill of Rights

8. Police and the Law 8 8 Police and the Constitution 10.1 Bill of Rights Amendments relevant to policing are: First Fourth Sixth Eighth Fourteenth First Fourth Sixth Eighth Fourteenth

9. Police and the Law 9 9 Police and the Constitution 10.1 Fourteenth Amendment The fourteenth amendment gave American citizens protection in both state and federal criminal cases.

10. Police and the Law 10 Police and the Constitution 10.1 The U.S. Supreme Court The court that has had the greatest impact on law enforcement is the U.S. Supreme Court.

11. Police and the Law 11 Police and the Constitution 10.1 The U.S. Supreme Court The “court of last resort” for all cases that it hears, which means that all cases decided by the Supreme Court cannot be appealed again; the final interpreter of all constitutional matters. U.S. Supreme Court

12. Police and the Law 12 Police and the Constitution 10.1 The U.S. Supreme Court If an inmate’s request for an appeal is denied, the inmate can then petition the U.S. Supreme Court for a writ of certiorari.

13. Police and the Law 13 Police and the Constitution 10.1 The U.S. Supreme Court A written appeal to the Supreme Court asking it to review a particular case. Writ of Certiorari

14. Police and the Law 14 Police and the Constitution 10.1 Types of Law The three types of law are: 1. Criminal law 2. Civil law 3. Administrative law 1. Criminal law 2. Civil law 3. Administrative law

15. Police and the Law 15 Police and the Constitution 10.1 Types of Law The branch of law that defines crimes and punishments; also called penal law. Criminal Law

16. Police and the Law 16 Police and the Constitution 10.1 Types of Law The branch of law that provides a means of controlling the noncriminal relationships between individuals, businesses, or organizations. Civil Law

17. Police and the Law 17 Police and the Constitution 10.1 Types of Law The branch of law that provides the rules and regulations established by governments to control the actions of industry, business, and individuals. Administrative Law

18. Police and the Law 18 Police and the Constitution 10.1 Types of Law The two types of criminal law are: 1.Substantive law 2.Procedural law 1.Substantive law 2.Procedural law

19. Police and the Law 19 Police and the Constitution 10.1 Types of Law The two ways in which laws are made are: 1.Statutory 2.Case law 1.Statutory 2.Case law

20. Police and the Law 20 Police and the Constitution 10.1 Types of Law When a judges decide on a particular case, this sets a precedent.

21. Police and the Law 21 Police and the Constitution 10.1 Types of Law Past judicial decisions are followed in making future decisions; based on stare decisis, which means “let the decision stand.” Precedent

22. Police and the Law 22 Police and the Constitution 10.1 A Closer Look at Civil Law It is important for officers to understand civil law because: Civil lawsuits are expensive Civil lawsuits are embarrassing Civil lawsuits are avoidable if officers are trained in citizens’ civil rights Civil lawsuits are expensive Civil lawsuits are embarrassing Civil lawsuits are avoidable if officers are trained in citizens’ civil rights

23. Police and the Law 23 Police and the Constitution 10.1 A Closer Look at Civil Law Civil cases are represented by plaintiffs. The wrong charged against the defendant is called a tort. Civil cases are represented by plaintiffs. The wrong charged against the defendant is called a tort.

24. Police and the Law 24 Police and the Constitution 10.1 A Closer Look at Civil Law Civil judgments do not punish defendants, but only require them to provided money or property as compensation.

25. Police and the Law 25 Police and the Constitution 10.1 A Closer Look at Civil Law The three categories of torts are: 1.Strict liability torts 2.Intentional torts 3.Negligence torts 1.Strict liability torts 2.Intentional torts 3.Negligence torts

26. Police and the Law 26 Police and the Constitution 10.1 A Closer Look at Civil Law The four forms of police negligence are: 1.Negligent operation of emergency vehicles 2.Negligent failure to protect 3.Negligent failure to arrest 4.Negligent failure to render assistance 1.Negligent operation of emergency vehicles 2.Negligent failure to protect 3.Negligent failure to arrest 4.Negligent failure to render assistance

27. Police and the Law 27 Police and the Constitution 10.1 A Closer Look at Civil Law To prove negligence, a plaintiff must prove the following elements: 1.A legal duty 2.Proof of a breach of duty 3.Proximate causation 4.Actual damage or injury 1.A legal duty 2.Proof of a breach of duty 3.Proximate causation 4.Actual damage or injury

28. Police and the Law 28 Police and the Constitution 10.1 ? 1.Which type of tort seems easiest to prove and why? 2.Define probable cause. 1.Which type of tort seems easiest to prove and why? 2.Define probable cause.

29. End of Section 10.1 Police and the Constitution End of Section 10.1 Police and the Constitution