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Published byAbigayle Marshall Modified over 8 years ago
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Rights & the Constitution
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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
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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)
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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)
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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
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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
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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
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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
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6 th Amendment Right to counsel
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Police Ethics Accountability Gratuities Law Enforcement Code of Ethics
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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
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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
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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
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Corruption 2.The branch of the department and the type of assignment Plainclothes have more opportunities 3.Rank Payoffs generally ascend proportionally with rank
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