1. Unit 4
Policing: Legal Aspects
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2. 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.
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3. Power Point Project Instructions
Click on the project tab to access the instructions

4. 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.
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5. Submitting Project
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6. Download attachment
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7. Project Due Date
The Project is due at the end of Unit 4. If you need help contact me
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8. 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.
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9. What is the purpose for the Bill of Rights?
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10. 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.
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11. What police actions are covered under DUE PROCESS?
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12. Police and Due Process Most due process requirements relevant to the
police involve:
Evidence and interrogation (search and seizure)
Arrest
Interrogation
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13. 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.
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14. Search and Seizure

15. Which Constitutional Amendment Protects Citizens against illegal searches and Seizures.
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16. 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.”
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17. Search and Seizure: The Fourth Amendment
The Fourth Amendment protects one’s privacy from unreasonable searches and seizures.
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18. 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.
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19. 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.
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20. Search Incident to Arrest
The Fourth Amendment protects against unreasonable searches.
A limited area search following arrest may be acceptable.
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21. 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
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22. 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.
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23. 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.
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24. 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.”
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25. 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
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26. Arrest

27. 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.
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28. What is needed in order for an officer to be able to arrest someone?
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29. Arrests The basic minimum element for an
arrest under any circumstance is
probable cause.
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30. 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.”
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31. 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.
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32. Emergency Searches of Persons
Emergency searches of persons falls under
the exigent circumstances exception to the
warrant requirement of the Fourth
Amendment.
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33. 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.
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34. 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.
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35. 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
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36. 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.
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37. Police Interrogation

38. 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
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39. 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.
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40. 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.
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41. 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.
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42. Special Kinds of Nontestimonial Evidence

43. 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.
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44. 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
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45. 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

46. 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.

47. 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.

48. 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

49. When do officers face the greatest danger
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51. In the line of duty deaths 2001-2010
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53. 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.

54. 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

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

56. 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.

57. 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.”

58. 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.

59. 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.

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

61. 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.

62. 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.

63. 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.

64. 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.

65. 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

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

67. 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
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68. Unit 5 Mid Term
We do not have seminar next week.
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