operations and procedures midterm

a free society

a society in which the government recognizes that humnas beings have certain basic human rights

is the US a free society?

yes

what are some of the elected government positions

• mayors

• police chiefs

• patrol officers

What happens to elected government positions if the citizens aren’t happy

they can lose their job by not being reelected

Why are law enforcement agencies and officers held responsible for their action?

• to ensure they operate within the bounds of the law

• uphold ethical standards

• protect the rights of individuals in a democratic society

why is accountability for law enforcement essential

for maintaining the public trust, ensuring justice, and safeguarding the freedoms inherent in a free society

important concepts related to police accountability

• transparency

• oversight mechanism

• rule of law

• ethical policing

• community engagement

• training and professional development

• use of technology (body cams and dash cams)

who are the police accountable to?

• elected officials

• representatives - the governor, etc

• supervisors - lieutenant, sergeants, etc

• citizens - voters, members of the community

• themselves and their families

impossible mandate

police have been assigned the task of crime control, but because they cannot control the factors that cause the crime, it is impossible to accomplish this

reactive policing

crime being reported after the fact and officers responding

over policing

the perception of too much police presence and action in a neighborhood

under policing

the perception of too little police presence and action in a neighborhood

controversies and difficulties in policing

every perception varies from person to person, even in the same neighborhood, these are all opinions.

unequal distribution

• police cannot spend as much time in some areas as they do other areas

  • police have limited resourceses

there are other responsibilities that the police have that contribute to the unequal distribtuion

• investigations and follow-ups

• meetings

• crime prevention

• other noncriminal matters: social services, homelessness, people with mental illness

What media filters do people see the police through

social media, entertainment media, and news media — you will have assumptions made about you

news media

• superficial - selective - incorrect - slanted or tilted

• they focus on stories that will sell

• focus on violent or random crimes — this sells fear and fear sells

• It is in the best interest of the media to sell, to keep people watching their news because they make more money this way

social media

This is an individually designed source of news. The news you want, you can get. and the news you don’t want to see, you will not see (echo chamber)

• a selective representation of the police, either way

• a HUGE source of misinformation about the police

• some people believe everything they see on their social media

entertainment media

• usually an unrealistic portrayal of the police

• exaggerated the capabilities and effectiveness of the police

• This gives citizens the wrong idea of what the police do and how they do it

  • crimes are not often solved in a short amount of time

  • not all officers look like the celebs who play them

  • police don’t return to work the same day they shoot someone

  • always dramatized

American police challenges

• 2nd amendment

• larger geographical areas

• fewer resources

• accountability

a crisis for law enforcement

hiring

why do we study the history of police

• appreciation

  • how policing has changed over time

  • some have changed a lot, some a little

  • helps develop a more complete understanding of the police today

• helps identify current problems

  • persisting problems and “solutions” that were applied to those problems but didn’t work

  • identification of what we can avoid duplicating in history

• insight into the future

What we know about the pre police era in American history

• the first Europeans came to America in the 1400s

• They began settling in the 15-1600s

• most were Britishh and created the 13 colonies

• they were all immigrants who wanted freedom

  • religious freedom and the separation from chruch and state

There was little need for police in the colonial era

true

as settlements turned into towns and villages they created

• contsables

• watch-men were tasked with guarding the town, especially at night

• C.O.P.s - contables on patrol

constables

the first appointed police officers in America, they organized and supervised the watch

slave patrol creationg

• as the colonies grew, so did the need for labor

• African slaves were brought to america in the 1600s and sold for their labor, usually on southern plantations

• from the 1600s to 1860, approximately 600,000 were brought to america

  • slave patrols were created

why were slave patrols created

created and tasked with looking for runaway slaves, policing the whereabouts of slaves, and making sure the slaves were not in possession of weapons or property they were not allowed to have

sherrif

a police figure who typically worked in a less populated area

in early American policing, the primary responsibilities of the sheriff were to…

• apprehend criminals

• assist the justice of the police

• collect taxes

• supervise elections

what other groups were formed as settlers moved west

the Texas rangers were formed as a militia to defend against native americans

The political era of policing: the industrial revolution

mid 1800s into the 1900s - this was a big turning point in law enforcement because large cities were created

• industreid were creating jobs and needed employees

the political era of policing: the abolishment of slavery

• freed slaves were leaving the country and moving (mostly north) to start their lives

• they needed employment and places to live

• looking to connect with family in the larger cities

abolishment of slavery

• abolished at the end of the Civil War in 1865

• now large populations of former slaves

• The emergence of the KKK - from 1882 - 1959 - it is estimated that during that time nearly 5,000 lynchings occurred in the US

• jim crow laws - the law that mandates racial segregation in public facilities

the KKK

• Most of the activities went largely without interference from officials — abolished in the enforcement act of 1871

• KKK used terror as a tool of black codes - designed to limit the rights of freed slaves in the post-civil war south

jim crow laws and black codes

• laws made to segregate black people in America

• prohibited black people from equality and from holding any sort of power or authority

who was responsible for enforcing jim crow laws and black codes

• historically, the police have. it doesn’t matter if they agreed with the laws or not

• Jim Crow laws are examples of institutionalized racism

when were the londom metropolitan police formed?

In the mid-1800s by Sir Robert Peel

• looked for an effective way of policing: prevent crime - patrol - military structure

why did large cities in the US use the LMPD structure?

• they wanted local control of their departments

• they liked the idea of having a central place for people to report crimes

political era of policing

• mid - 1800s to the early 1900s

• it was political

• politicians controlled the police

  • the mayor controlled everything

  • who was hired, and fired, and what did the police do while they were at work

  • decided which crimes were enforced and which weren’t

  • no selection standard or training

when and where was the first black officer hired

salem, alabama in 1867

diversity in polcing

• These men were often more educated and qualified than their white partners

• highly controversial, there were riots in some cities

• white men were “policemen” while black men were “patrolmen”

police matrons

1854, women hired in NYC to watch female prisoners

• very limited powers

• they were employees of the police department but did not have law enforcement authority

reform era of policing

early 1900s to 1960

reform era of policing: technology

• telephones (police becoming a 24-hour service)

• radios

• automobiles

reform era of policing: uprise in gang activity (mafia)

• increase in serious crime

• kidnappings

• bombings

reform era of policing : great deptession and the prohibition

• unemployment and theft

• 18th amendment

reform era

policing that ventured to removing police from the control of politicians and making departments more professional and efficient

august Vollmer and O.W. wilson

new philosophy - police as an expert, police professionalism, and getting police out from under the control of politicians

reform and anti-politics

• reform era

• august Vollmer and O.W. Wilson

• creation of state and federal policing agencies

• Detective is the ultimate profession

  • enhances the professionalism of the police = well paid, well trained

by the 1950s

for the most part, crime was under control - low crime rates

• systems were in place

• police were thought of as professionals

• FBI reports that 90% of homicides had been solved

between 1960 and 1970

The crime rate had doubled

• civil rights, police on the frontline of riots

• murdered - Dr. Martin Luther King Jr, President Kennedy, Robert Kennedy

• Helter skelter and Charles Manson were making headlines

• Vietnam War - anti-war protests

1970 to now

community problem solving era

community problem solving era

emphasizes the assistance for support of the community in fighting crime

• police get out of their squad cars

• interacting with members of the community, police attending community events

broken window theory (came to light in 1970)

minor incidents of disorder create fear among the populace and keep citizens from interacting with each other, which in turn, brings a reduction in the fear of apprehension among criminals

do people like the police?

overall, 83% of people who had contact with the police believe that the police acted properly (2017)

max weber

early 1900s sociologist - bureaucracies as a solution with 5 principles

what were the 5 principles of max weber

1. division of labor

2. hierarchy of authority

3. rules

4. impersonal relationships

5. selection and promotion based on competence

division of labor

no one person or officer is responsible for all of the work. instead, labor is divided equally

• specialization - a focus on certain responsibilities in order to develop an expertise and efficiency in those tasks — a way to divide work

hierarchy of authority

chain of command - every person in the organization has a supervisor, and supervisors have more authority than their subordinates

rules

a critical part of an organization

• outline how jobs should be performed, and which responsibilities apply to specific jobs

• specify standards and conduct

• these can be seen in a PD’s policies and procedures

impersonal relationships

indicates that decisions must be objective and without emotion

• informal and formal relationships among and between employees and supervisors are not the basis upon which to make organizational decisions

selection and promotion based on competence

when the promotional process is based on objective criteria, it helps to ensure that qualified individuals will carry out the work of the organization

• In the early days of police work, this was seldom followed. As a result, police officers and police departments did not perform well

• So, what does this mean?

• Police leadership would promote the person they liked best, and that person may not have been the best or most qualified candidate

• Drawback: civil service mandates and boards (non-LE) have a say in the hiring process = bittersweet

police agencies as quasi-military organizations

• When police departments were first formed in the mid-1800s, they were fashioned after the military 

• You can see this still today in the command structures, policies, and procedures

• Since September 11, 2001, police have become even more military-like (paramilitary)

patrol

this is a staple in all police agencies

• most departments have 24-hour coverage by patrol officers

• smaller departments without 24-hour coverage will usually have a patrol officer on call, but will still provide dispatching (911) services

when you start your career, you will most likely start as a patrol officer

• You will be sworn in as a patrol officer

• You will have FTO on patrol

• departments want to know if you are able to do the work of a patrol officer prior to completing your probationary period

• your probationary period will most likely be spent on patrol

patrol functions

primarily responding to calls for service

• crashes, domestic, thefts, drugs, civil matters, burglaries, fights, 911 calls, medical emergencies

patrol functions in smaller departments

• most of the time will be spent in your squad

• investigations, sometimes all levels

patrol functions at large departments

• squad, foot, bike, boat, crowd control (festivals, celebrations, and protests)

• start the investigation, but hand it off to detectives and investigation units

traffic unit

in larger agencies, officers will be assigned to this unit only to enforce and handle traffic, often, this is an assignment they bid for

• enforcement of traffic laws

• crashed

• parking enforcement

• commercial vehicle enforcement

• reconstruction

investigations

smaller departments

• general investigation units

larger departments

• specific investigators for specific crimes

  • narcotics, gangs, sex crimes, homicide, special victims unit, vice units, and internal investigations

criminal investigations can also include positions in….

crime labs

• These investigators do not work the same as regular investigators. They collect evidence, process evidence (sometimes in-house), and will have additional training specific to science, DNA, and so on

special weapons and tactics (SWAT) - emergency response unit (ERU) - taxtixal enforcement unit (TEU) - all the same

• high risk situations - hostage or barricade situations - high-risk arrests - high-risk search warrants or arrest warrants

• will have highly skilled officers who are specifically skilled in a specific tactic

• they will also have at least one negotiator per team

special teams in larger agencies

• usually have their own, may have multiple teams

• agencies without SWAT will request mutual aid if they are needed

Youth and juvenile - these are specific units that are meant to assist children

• school resource officer or school liaison officers

• DARE - drug awareness and resistance education

although these units may be a thing of the pact

issues with DARE and SRO programs

• Studies show that DARE programs aren’t deterring kids from drugs

• Since 2020, there has been a huge decline in school districts that have renewed contracts with the local police departments for the school

local police

police who are hired and work for a specific city

• As of 2023, there are more than 800,000 sworn officers in the US

• As of 2023, there are 17,958 different police agencies in the US

county sheriffs departments

cover areas in the county that do not have their own local police

• townships, cities without PD’s, and villages

What do sheriff’s departments do

• responsible for law enforcement in the county, lands (parks, roads, and highways)

• S.O. operates at least one county jail

• They provide court and courthouse security

• transportation of prisoner to court from jail, and from jails to prison

• serving process (papers): restraining order, court summons, eviction notice, selling of foreclosed homes and businesses

• AND all other duties of a police officer

department of natural resources (DNR)

• conservation officers, fish and game wardens

• enforce laws having to do with hunting, fishing, games, and poaching

• protect animals, land, people, and property

• specialized licensed officers who have authority to arrest, write citations, and perform all other duties of a law enforcement officer

state law enforcement agencies

each state has a primary state law enforcement agency

• highway patrol, state police, department of public safety

what do state law enforcement agencies do?

• provide general law enforcement on state roads, highways, and interstates

• usually specialize in traffic-related crime

• specialize in crash reconstruction, commercial vehicle, and drug trafficking, and will usually have multiple SWAT or ERU teams

special jurisdiction agencies: campus police

police who serve a specific university. most (94%) have firearms and arresting authority. they patrol the college campus and areas just off the campus jurisdiction

• university of Chicago and Penn state (largest campus police forces)

special jurisdiction agencies: port authority

jurisdiction covers New York and New Jersey ports

• cover what and who comes out of the port, this is similar to airport police

• they have 1,667 sworn officers

federal law enforcement agencies

• since 9/11 these agencies all underwent a major reorganization

what federal law enforcement agency was created after 9/11

the department of homeland security (DHS)

• customs and border protection - secret service - Immigration and customs Enforcement - transportation security administration

department of justice (DOJ) - major law enforcement agencies

FBI - bureau of alcohol, tobacco, firearms, and explosives - drug enforcement administration - U.S. marshals service

sovereign citizens movement

• believe they are not under the jurisdiction of the federal government and consider themselves exempt from US law

• they use a variery of conspiracy theories to justify their illegal and violent behavior

• their rejection of legal documents (drivers licenses, vehicle registration, and government identification) lead to frequent interactions with law enforcement

best practices for the police when dealing with sovereign citizens

• know the law

  • do you have a lawful right to stop this person

• weigh the pros and cons

  • is there a warrant? If so, what is it for

• remain professional

• report any encounters to the administration

  • share info with your partners

• know if and where these people live and work

3 types of warrants

1. bench warrants

2. compliant warrants

3. probation/parole warrants

bench warrants

issued for individuals who fail to appear in court for a hearing, violate their pretrial release supervision condition, or do not follow a directive of the court

complaint warrants

issued as a part of a criminal complaint when the county attorney’s offices charge the case. charging by warrant occurs for more serious crimes, and/or when the defendant is a flight risk, and/or the defendant cannot be location, and/or when the defendant resides out of state

search warrants

a legal document authorizing a police officer or other officials to enter and search a premises

• a court order that a magistrate or judge issues to authorize police to conduct a search of a person, place, or vehicle for evidence of a crime to confiscate any evidence they find

no-knock warrants

a search warrant authorizing police officers to enter a certain premise without knocking first and announcing their presence or purpose before entering the premise

why might a judge OK a no-knock warrant

• safety of individuals - if they know the police are coming, they may have time to lock them out, take hostages, etc

• if there is a flight risk the person may flee

• destruction of evidence

• officer safety - the element of surprise

subpoena

subpoena to witness summons is a writ issued by a government agency, most often, a court, to compel testimony by a witness or production of evidence

summons

the summons must summon the defendant to appear at a stated time and place to answer the complaint before the court issuing it and must me accompanied by a copy of the complaint

what is an ex parte order for protection

• ex parte means one-sided

• This is an emergency order by the court for protection

• It is a temporary order

• the court will have a hearing and look at all of the evidence

• The ex-parte order will either become OFP, HRO, or will completely go away

harrassment restraining order (HRO)

An order signed by a judicial officer that orders someone to stop harassing another and have no contact with them unless allowed in the court order. it is not a criminal proceeding and takes place in a civil court

• child custody —variations

this can also be in the form of a “no contact order”

orders to pick up children

will come in the form of a court order

• usually with CHIPS petition (child in need of protection or services)

a representative from social services or child protection will usually be present at the removal

• You will need an order to remove children and it needs to be signed by a judge or magistrate

• If you find yourself in an “after-hours” situation where you need to remove children, your department will have a policy for you to follow

• Sometimes you are removing children from their home. Other times you will be removing a runway juvenile from another home, for the location where they have been staying