chapter

CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall

Upper Saddle River, NJ 07458 1

Policing: Legal Aspects

CH

AP

TE

R

7



Landmark cases clarify the “rules of the game”—the procedural guidelines by which the police and the rest of the justice system must abide.

The Court addresses only real cases and does so on a writ of certiorari.

Landmark Cases

3

2009 Pearson Education, Inc

Search and Seizure



“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.”

Search and Seizure: The Fourth Amendment



What are the methods by which the Police can Search

without a Warrant?



The Fourth Amendment protects against unreasonable searches, but it protects people, not places.

A limited area search following arrest may be acceptable.

Search Incident to Arrest

U.S. v. Rabinowitz (1950)



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.

Plain View Doctrine

Harris v. U.S. (1968)



Emergency Searches of Property

Three threats provide justificationfor emergency warrantless searches(searching during exigentcircumstances).

1. Clear dangers to life2. Clear dangers of escape3. Clear dangers of removal or destruction of evidence



“4th Amendment does not require policeto delay in the course of an investigation ifto do so would gravely endanger theirlives or the lives of others.”

Emergency Searches

Warden v. Hayden (1967)



Police can search locations in a house wherea potentially dangerous person could hidewhile an arrest warrant is being served.

Primarily meant to protect officers from danger. Can apply when officers lack a warrant, probable cause, or even reasonable suspicion.

Emergency Searches

Maryland v. Buie (1990)



What is a Search Warrant?



The Court upheld the constitutionality ofanticipatory warrants—search warrantsissued on the basis of probable cause tobelieve that evidence of a crime, while notcurrently at the place described, will likelybe there when the warrant is executed.

Anticipatory Warrants

U.S. v. Grubbs (2006)

13


Arrest



What constitutes an Arrest?



An arrest occurs when a law enforcementofficer restricts a person’s freedom toleave. It is:

The act of taking an adult or juvenile intocustody by authority of law for thepurpose of charging the person with acriminal offense, a delinquent act, or astatus offense, terminating with the recording of a specific offense.

Arrests



The basic minimum element for anarrest under any circumstance isprobable cause.

Arrests



Reasonable suspicion is a general andreasonable belief that a crime is inprogress or has occurred whereas probable cause is a reasonable beliefthat a particular person has committeda specific crime.

Reasonable Suspicion Versus Probable Cause



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.

Fleeting Targets: Vehicle Searches



Suspicionless searches of vehicles at ournation’s borders are permitted, even whensearches are extensive.

U.S. v. Flores-Montano (2004)“The Government’s authority to conduct suspicionless inspections at the border includes the authority to remove, disassemble, and reassemble a vehicle’s fuel tank.”

Suspicionless Border Searches

20


Police Interrogation



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



What does the Miranda Ruling Say with Regard to

Police Interrogations?



A waiver of Miranda rights can bedone if such a waiver is voluntary,knowing, and intelligent.

Silence is not a waiver.

Waiver of Miranda Rights



New York v. Quarles (1984)

Considerations of public safety wereoverriding and negated the need forrights advisement prior to limitedquestioning that focused on the need toprevent further harm.

Public Safety Exception to Miranda



Policing: Issues and Challenges

CH

AP

TE

R

8



“The police at all times should maintain arelationship with the public that givesreality to the historic tradition that thepolice are the public and that the publicare the police.”

- Sir Robert Peel, 1829



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

Contemporary Policing

Issues and challenges facing police officers and administrators:



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.

Police Personality and Culture



Police Working Personality

Over time, officers come to develop the police working personality.

The traditional values and patterns of behavior evidenced by police officers who have been effectively socialized into the police subculture. Often extends to the officer’s personal lives.



Slippery Slope of Corruption

Acceptance of small gratuities can lead to more readily acceptance of larger bribes.



U.S. Law Enforcement Officers Killed in the Line of Duty, 2006

Based on data from the Officer Down Memorial Page. Webte: http://www.odmp.org



Risk of Disease and Infected Evidence

Officers must take caution due to the number of serious diseases that can be transmitted by blood or other bodily fluids and possible release of biological weapons. Responding to calls, using breath alcohol instruments on infected persons, and handling evidence must be done carefully.



Biological Incident Law Enforcement Concerns

Concerns exist over contact with: Suspicious material Human bites Spit Urine/feces Blood and body fluids

Officers should take universal precautions and use caution in all situations.



What are sources of Stress in Police Work?



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



Stress Reduction

Ways to reduce stress include: Humor Emotional distance Exercise Meditation



Police Use of Force:

… use of physical restraint by a police officer when dealing with a member of the public.



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.



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.



Excessive Force

Police use force in fewer than 20% of adult custodial arrests. Most tactics are weaponless. There’s a difference between use of excessive force and excessive use of force. Both of those can also be distinguished from illegal use of force.



The Problem Police Officer

Excessive force can be symptomatic of problem police officers—officers who exhibit problem behavior, as indicated by high rates of citizen complaints, use-of-force incidents, and by other evidence.



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.”



Tennessee v. Garner (1985)

Prior to Tennessee v. Garner (1985), the fleeing felon rule guided deadly force decision-making in most U.S. jurisdictions. The Court invalidated the fleeing felon rule and held that deadly force could be justified only where the suspect could reasonably be thought to represent a significant threat of serious injury or death to the public or the officer and where deadly force is necessary to effect the arrest.



Can Police Officers have Civil Charges Brought

Against them?



Civil Liability

Civil liability refers to the potential responsibility for payment of damages or other court-ordered enforcement as a result of a ruling in a lawsuit. It is not the same as criminal liability. Civil liability suits against law enforcement personnel may be state or federal. Supervisors may be held responsible for the actions of their officers.



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

chapter

Documents

search warrant

arrest warrant

search incident

arrestsan arrest

limited area search

plain view doctrineobjects

emergency searchespolice

unreasonable searches