Exam 2 Criminal Justice

Responsibilities of Police

• Enforce Laws

• Provide Services (Community Policing)

• Preventing Crime

• Preserve the Peace( Terry Stop)

5 basic requirements to become a police officer

• US Citizen

• Not a Felon

• Drivers License/ Eligible

• 21-Years Old

• Weight and Height Requirements

Checks and Tests

• Drug Tests

• Education Evaluation

• Driving Records

• Credit Checks

• Interview Relevant People

• Physical Ability

• Psychological Exams

Education for Police

Varies 84% of departments require high school diploma at least and 10% require at least an associate degree, and only 5% require at least a bachelors degree.

Academy Training

Ran by the state or federal, controlled militarized environment structure, given formal rules. Learn more specialized things like weapon use. Give constant performance reviews to administrators.Once completed move on to field training.

Field Training

Generally, paired with a more experienced officer after completing the Academy. Given informal rules and how to apply the rules you learned in the Academy in a real-world setting

Privatized Law Enforcement

• Non-Government

• No Ferdal Rules

• States Determine Requirements (about 40 hours of traning)

Secondary Policing

• Moonlighting(off-duty public police officer will work as a private officer as a second job)

Constitutional Limitations on Private (1)

Arresting- Allowed if jurisdiction allows citizens to arrest, if not can only document crime and tell police, private police officers are usually not deputized or given the power to arrest. If off-duty cops work as private officer, they must follow the constitution

Constitutional Limitations (2)

Searching- Public police are subjected to the 4th Amendment and private are not. If purely private and not bound by constitution, but liable by criminal law

Pros Of Private Policing

• Economic Impact ( can save local departments on time and resources)

• Innovation (allows wider margin on experimentation)

Cons of Private Policing

• Social Impact ( Gives certain individuals an additionally level of security)

• Regulation( difficult to regulate, a lot hide misconduct

Bureaucracy

have a bureaucratic structure. The systematic administration of police departments is characterized by specialization of tasks and duties, objective qualifications for positions, action according to rules and regulations, and a hierarchy of authority.

Delegation of Authority

Starts at top and then hands down certain parts of authority( Police chief delegates certain tasks to officers and then to other officers.)

Chain of Command

• Top- Chief of Police

• Deputy Chief

• Assistant Chief

• Captain

• Lieutenant

• Sergeant

• Patrol Officers and Detectives

Organization Of Police

• Beats and Precincts

• Field Services

Beats

Smallest stretch that a police officer has to control (ex- 4 different beat in Central Park)

Precincts

Collection of beats ( ex-Central Park Precincts 4 beats)

Field Services

Patrol activities, investigations, divide up policing into specialized categories

Police Patrolling

Backbone of all departments,

Main Purposes of Police Patrol

1- Detering crime by your presence

2- Giving people a sense of security and order

3- Gives people a 24 hour provision of services that are not crime related

Police Patrol Activities

1- Preventive patrol ( constant presence to prevent crime)

2- Calls of service(emergency and non-emergency)

3- Administrative Duties ( documenting and filing reports)

4- Officer Initiative Activities ( Pulling an individual over)

Police Misconduct (General Rule)

Courts will generally uphold police’s freedom to decide….

• “What law to enforce, how much to enforce it, against whom, and on what occasions”

Police Corruption

The abuse of authority by a law enforcement officer for personal gain

3 types

• Bribery

• Shakedown (Coercion by threat)

• Mooching (accept free gift/ service for favorable treatment)

Accountability for Police Corruption

• Internal Disciplinary Measures (1st step, usually done by the department, IAU)

• Self- Surveillance- Body Cams

• Citizen Oversight-board of citizens who review complaints against officers ( don’t have power to discipline officers)

• External Punishments-

4th Amendment ( Search and Seizure)

1- Reasonable Searchers and Seizures

2- Warrants and Probable Cause

Steps for Search and Seizure (5)

1- Government Conduct?

2- Reasonable expectation of privacy

3- Did police have a valid search warrant?

4- Does the officer have a good faith defense to save an invalid warrant

5- If still invalid warrant or there is no warrant at all, do any warrant exceptions apply?

Governmental Action

Bill of Rights (including the 4th Amendment) only applies to where there is governmental conduct.

When There Is Governmental Action

• Publicly paid police (regardless of on or off duty)

• Any private individual acting at the direction of the public police

• Private paid police if deputized with the power to arrest you

  • Subdivison police

  • Store security guards

  • Campus police

Private Search Doctrine

Individuals v. Police

Standing

Determined whether a party was the appropriate person to move to suppress allegedly illegal evidence ( Under the 4th Amendment must have a reasonable expectation of privacy)

Reasonable Expectation of Privacy

Applies to things you own, from pockets to homes

Automatic Standing

• If you own the property

• If you live (rent)

• You are an overnight guest (hotel)

No Standing (9)

• Sound of your voice

• Garbage on the street curb

• Location of your car on public roads

• Accounts held by a bank

• Style of handwriting

• Open fields

• Seen from public airspace

• Paint on outside of car

• Odors emanating from luggage or car

Valid Warrant

Requires probable cause, particularity, neutral magistrate

Probable Cause Affidavit

• A neutral magistrate

• An affidavit under oath

• Probable Cause

• Particularity

Neutral Magistrate

A disinterested judge has to decide whether there is probable cause before police can begin their search or seizure

Particularity

Describes the place to be searched or the things to be seized

Home Address

Home address okay if single dwelling home, if apartment need apartment number

Items Described

Can name one particular item or class of items, can only search where police will find that particular item or class or item

Probable Cause

• Probable cause has never received a clear definition in the cases

• Give as much facts and circmstances as possible, to conclude that a reasonable person can say a crime or potential crime has/is/ will be committed

Warrants and other documents

• 4th Amend requires particularity in the warrant itself, not in any supporting documents

• However, warrants may cross-reference other documents’

• Must use appropriate words of incorporation

• No good faith excption,Fault falls

Knock and Announce Rule

Common law creation, violations can be unreasonable under 4th Amend, rule is not rigid. Must look at surrounding circumstances of each situation

Knock and Announce Exceptions

• Prevent Violence

• Destruction of Evidence

• Escape of Suspects

• May damage property as necessary to get in

Failure to Respond

Still follows reasonableness requirements before police can enter even by force.

Others on side of the search

Persons mere propinquity to others independently suspected of criminal activity does not, without mere give rise to probable cause to search that person.

Franks Hearing

Court procedure where court determines whether an officer lied in obtaining a search warrant

Good Faith?

Allows government to use evidence obtained from searches based on unlawful searches and warrants IF: officers reasonably believed the search warrant was unlawful. Subjective Standard - honestly believes, not whether it is reasonable or not.

4th Amend is Common Law…

There are no constitutional expectations to search warrants

Exceptions to 4th

• Good Faith

• Searches Incident to Arrest

• Plain View

• Consent

• Vehicles

• Emergency

Plain View

• Must be legally present

• Immediately Apparent

Consent

• Knowingly

• Intelligently

• Voluntarily

Gerstein Hearing

Officer must go in front of a judge for warrantless arrest to prove probable cause

Arrest Warrant

Legal document that authorizes law enforcement to seize an individual for a crime from the public

Arrests

An arrest must be generally accompanied by with a warrant (some exceptions)

What you need for an arrest warrant

• Neutral Magistrate

Neutral Magistrate

• Need not be a judge or attorney

• Someone capable of determining whether probable cause exists as well as

Probable Cause

• Based on direct observation of the office

• Hearsay information by others

Person To Be Arrested

• “particularly describe” the person to be arrested as required under the 4th Amendment

Invalid Warrants

A warrant is invalid if the defendant challenging the arrest warrant can show, by a preponderance of the evidence, that… specific parts of warrants is wrong, police have reckless disregard of evidence, if false statements are taken out there is not information to make probable cause

Invalid Warrants (2)

A person will not be necessarily set free because their arrest warrant was invalid, it is on you to enforce your rights- have to make a motion to get it thrown out

Warrantless Arrests

Exception dependents whether being arrested for a felony or misdemeanor ( easier to arrest without a warrant for felony, officer must witness misdemeanor crime being done for a warrantless arrest to apply)

Items on the Person

Once lawfully arrested and is in custody, officers have right to search individual without a warrant even if a substantial amount of time has passed

Arrests in the Home

• An arrest warrant founded on probable cause is implicit right to arrest individual not search it ( two exceptions) Including knock and announce

• Plain View

• Protective Sweep

Arrests in the Home (2)

• Cannot enter a home for an arrest unless have a warrant for arrest unless for an emergency

• Destruction of Evidence

• Hot Pursuit

• Prevent suspect escape

• Someone in home is in danger

• Consent to enter home

Searching a House After Arrest

• Can only search the person based on incident to arrest

• Plus the “reachable area”

• To further search home, will need a search warrant in addition to arrest warrant

Bench Warrant

• Not issued to initiate the first criminal action

• Issued by judge or court-”failure to appear” “contempt of court”

Outstanding Arrest Warrant

• Warrants never expire including bench warrants

Seizure of Person by Force

• Police may not seize an unarmed non-dangerous person with deadly force

• Police must have probable cause that an individual poses a serious threat to you or the community to impose deadly force

• Officer must use reasonable and necessary force to overcome the individual being arrested who is resisting.

Miranda Rights

• Right to remain silent

• Used against

• Attorney (5th and 6th)

“ right to prevent self-incrimination”

What Triggers Miranda

“Custodial Interrogation” - both detained and interrogated must have both

Custody

If at any time of the interrogation, you are “not free to go”. (Traffic Stop is an exception- not in custody, but not free to go)

Interrogations

Any conduct where the police knew or should have known that they might elicit an incriminating response from the suspect

Not Intergrations

• Spontaneous Statements

• Mere asking questions (terry stop)

• If the defendant does not know police or informant

Waiving Miranda

• Totality of the Circumstances

• Knowingly

• Voluntarily

• Intelligently

Invoking Right to Remain Silent

Must be unambiguous ( I am invoking my right to remain silent

Invoking Right to Counsel

Must be unambiguous ( I want my attorney)

Non- U.S Citizens

• Still have right to Miranda

• In states bordering Mexico, including Texas, New Mexico, Arizonia, and California, suspects who are not United States citizens are given additional warning: You can call the country’s consulate prior to any questioning

State Additions

Q1- Do you understand each of these rights I have explained to you?

Q2- Having these rights in mind, do you wish to talk to me?

For Miranda to Apply (6)

• Was there evidence gathered about your case?

• Was the evidence testimonial in nature?

• The evidence was gathered while the suspect was in custody

• Is it the product of an interrogation?

• Was the interrogation done by state actors?

• The evidence was offered at trial

If all 6 met…..

Then evidence will be suppressed unless:

Police mirandized you, or waved your rights

When A Violation of Miranda Occurs

• Exclusionary Rule applies, but you must motion in pretrial, or otherwise waived

Terry V. Ohio

4th Amend gives police enough power to “freeze'“ suspicious events and people brief interrogate

Is Terry search and seizure?

Yes, a limited search and seizure

Application of Terry

Not limited to violent crimes against persons and does not require individualized suspicion by the direct observation of officers who stopped and frisked a suspect.

What is Reasonable for a Terry Stop

Reasonable articulate suspicion that a crime was or was about to occur

Scope of Reasonableness for the Stop

The entire stop must be reasonable things to look at….

• Duration (20 minutes or under)

• “On-the-spot” Investigation- must take place at the spot of suspicion

• Questioning

Questioning

Police may ask questions during the duration of the stop, the refusual to show ID can result in prosecution.

Frisk

Police can frisk and individual if they have a reasonably believe the suspect might be armed or dangerous - pat down on outer clothing to check for weapons or drugs, is reasonable to believe “plain feel” that individual has drugs or weapon- if yes then full search

Stop and Frisk

Each must be independtly justified

Terry and Automobiles

Police may stop a vehicle with reasonable suspicion that the law has been violated Exceptions- drunk driving, border patrol, speeding

Frisk and Automobiles

If believe individual is armed and dangerous in a vehicle officers may… conduct frisk on person, or anywhere in the vehicle you can find a weapon

Use of Dogs During Stops

Is lawful and sniff does not prolong the issuance of a ticket, if alert police then rise to probable cause, not applicable to the home

Waiver

• Knowingly

• Voluntarily

• Intelligently

2 Main Concerns with Terry Stop

• Whether the officers action was justified at its inception

• Whether it was reasonably related in scope to the circumstances which justified the interference in the first place

Integration

Any anything police say to elicit a response