Intro to Law Enforcement Final Exam

Color of Law

The U.S Supreme Court has said that someone acts under color of the law when he or she acts in an official government capacity and with the appearance of legal power

-Includes police officers mayors and other government officials

Public Duty Doctrine

A legal principle stating that governmental entities and employees are protected from liability for actions taken while performing their public duties, unless they violate a specific legal duty.

Tort

A civil wrong that causes harm or loss, leading to legal liability.

Intentional tort- defendant officers knowingly engaged in behavior

Negligence tort- the mental state of the defendant officer is not an issue

Damages

A monetary compensation awarded to a plaintiff for loss or injury caused by the actions of another party.

-Civil cases

Qualified Immunity

A legal doctrine that protects government officials from being held liable for constitutional violations, such as the right to free speech, as long as the violated right was not "clearly established" at the time of the misconduct.

-Objective Reasonableness

Good Faith Warrant Exception

A legal principle that allows law enforcement officers to use evidence obtained from a warrant that is later found to be defective, provided the officers acted in good faith and reasonably believed the warrant was valid.

Suicide by Cop

individuals who are determined to die engage in behavior that causes responding officers to resort to deadly force

Citizen Complaint

Absolute immunity

A form of legal immunity that protects certain government officials from being sued for actions taken in their official capacity, essentially shielding them from liability for their conduct.

-Judges, prosecutors

Deviance (Occupational)

behavior that either does not conform to accepted standards of conduct or is not part of normal patrol work and is committed under the guise of police authority

Sudden Peril Defense

basically an “emergency'“ defense for situations in which officers were required to make split-second decisions

Exclusionary Rule

mandates that evidence obtained in violation of the US Constitution cannot be admitted in a criminal trial to prove guilt

Fruit of the Poisonous tree doctrine

expands the scope of the exclusionary rule to include evidence derived from materials that were unconstitutionally obtained

Police Officer Bill of Rights

a set of laws that outlines the rights and protections afforded to police officers in disciplinary proceedings, ensuring they receive due process.

Corruption

dishonest or fraudulent conduct by public officials in a position of power

Grass eaters - police officers who accept small gifts and engage in minor deviance mostly in response to peer pressure

Meat eaters - officers who actively seek out opportunities to exploit their positions, in a proactive and planned fashion, and who may be involved in large-scale and far reaching corrupt activities

White knights - honest and upstanding officers who never step over the line between acceptable and deviant conduct, no matter how great the pressure

Straight Shooters - officers who for the most part are honest but will overlook some of the misconduct committed by their peers

Straightforward Corruption

simply any form of misconduct that provides a direct financial benefit to the officer

Ex. An officer who is in cahoots’ with organized crime figures and receives money for “looking the other way”

Predatory Corruption

Actions of police officers who actively promote and engage in criminal and other wrongful activities

Police are the organized criminals

Combative Corruption

refers to making arrests, gaining convictions, and ensuring lengthy sentences at whatever the cost

Ex. Intimidating a witness, Revealing an informants identity, etc

Perversion of Justice

Serious actions by a police officer, such as lying under oath, intimidating a witness, and performing other activates that resemble combative corruption

-refers to acting vengefully

Police Crime

An officers use of the official powers of his or her job to engage in criminal conduct

Ex. Entering private property with no legitimate reason, unjustifiable homicide

Rotten Apple Theory

attributes police deviance to a few individuals who should not have become police officers and whose propensity toward corruption was not recognized during the recruitment and hiring phases

-Classical Theory

Environmental Factors

Positivist criminologists explain crime in terms of environmental factors like peer influence, family conditions, and neighborhood characteristics

August Vollmer

-first police chief of Berkeley California

-argued police should be regarded as a public service, as a profession focused on improving society

-credited with helping initiate the police professionalism movement

Democracy

A form of government that vests supreme authority in the people, usually through their freely elected representatives

Libertarianism

political philosophy that emphasizes individual liberty and limited government. It prioritizes freedom and individual choice, believing that people should be free to make their own decisions and own their property, with minimal government interference.

CIA

U.S. government agency that gathers information about other countries and global issues to help the U.S. president and other policymakers make decisions about national security.

FBI

-Formed in 1908

-Agency grew rapidly and became the primary investigative agency for federal crimes

-It investigates a wide range of federal crimes, including terrorism, cybercrime, and counterintelligence

CBP

US Custom and Border Protection

-Primarily responsible for controlling and protecting the US’s borders and ports of entry including airports and shipping ports

-Combat Terrorism

-Part of DHS

Police Training Officer Program

-A police training method that focuses on developing an officers learning capacity, leadership, and problem-solving skills

-Emphasizes Knowledge, Comprehension, Application, Analysis, Synthesis, and Evaluation

14th Amendment

ratified in 1868, guarantees citizenship to all persons born or naturalized in the United States, including former slaves. It also ensures "equal protection of the laws" and prohibits states from depriving anyone of life, liberty, or property without due process.

4th Amendment

-protects individuals from unreasonable searches and seizures by the government

-requires warrants for searches and seizures supported by probable cause

5th Amendment

protects you from being forced to testify against yourself in court or to be tried twice for the same crime (double jeopardy). It also protects you from being deprived of life, liberty, or property without due process of law, and ensures just compensation if the government takes your private property for public use

6th Amendment

guarantees rights to the accused in criminal prosecutions, including the right to a speedy and public trial, an impartial jury, to be informed of the nature and cause of the accusation, to confront witnesses, and to have the assistance of counsel.

Racial Profiling

defined as “the use of discretionary authority by law enforcement officers in encounters with minority motorists, typically within the context of a traffic stop that results in the disparate treatment of minorities”

Civil Service Employment

jobs within the public sector, specifically at the local, state, and federal government levels. These positions are typically filled based on merit and qualifications, ensuring a professional and efficient workforce

Affirmative Action

the practice of taking proactive steps to boost the presence of historically marginalized groups (typically minorities and women) in the ranks of an organization by giving preference to members of those groups

Federal Deadly Force Policy

Defense of Life, Fleeing Subject, Verbal Warning, Warning Shots, Vehicles

Police Burnout

a serious issue characterized by physical and psychological exhaustion, often leading to reduced job performance, increased stress, and potential health problems

Foot Patrols

-The oldest method of patrol predating the automobile

-Advantages lie in the close proximity it provides to citizens, which tends to enhance rapport between people and officers

Automobile Patrols

Reverse of the advantages and disadvantages of foot patrols

-improves officer mobility yet distances officers from the people they serve

Other types of Patrols

Bicycle, Mounted (horses), Air, Water, K-9 assisted, and Special Terrain Vehicle Patrols

Noble-Cause Corruption

corruption that occurs in connection with the goal of getting criminals off the streets and protecting the community

Gratuities

Occur when officers accept something of value

-include a free cup of coffee, a free lunch, or a “police price” discount on a meal or other service

Abuse of Authority

The catcall category for other inappropriate conduct that does not necessarily amount to crime, deviance, or corruption

-Officers physically abuse a citizen through the use of excessive force

-Psychological abuse of a citizen; use of verbal assault, harassment, ridicule

-Violate citizens constitutional, federal, or state rights

Use of Force

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

Excessive Use of Force

“the application of an amount and/or frequency of force greater than that required to compel compliance from a willing or unwilling subject”

Deadly Force

Force that cause death or significant bodily harm

-Black Law Dictionary adopts a more general definition: “force that may result in the death of the person against whom the force is applied”

-Tennessee v. Garner specified the conditions under which deadly force can be used to apprehend a suspected felon

Non-Deadly Force

any physical force that is not likely to cause death or serious bodily harm. It's used to control a situation or restrain someone without causing significant injury.

-Batton’s, Pepper Spray,

Civilian Review-Focused Model

A type of oversight system that focuses on reviewing the work of police departments, particularly their internal affairs investigations and handling of citizen complaints

-Often Consist of Civilian members, Volunteers, or Community Representatives

Less Lethal Weapons

Designed to disable, capture, or immobilize rather than kill

-Not always safe and may sometimes cause death

-Batons, Pepper Spray, CED’s (Tasers)

Legal Abuse

Any violation of a person’s constitutional, federally protected, or state-protected rights

Ex. Illegal Searches

Injunctive Relief

Means the Plaintiff wants the court to bring the injurious or offensive action to a halt

Assumption of the Risk

Defense against state tort liability

-Plaintiff voluntarily engaged in dangerous activity that led to his or her injury, so officer is not liable

Internal Affairs Unit

Innovative and highly regarded internal complaint review units

-receive complaints verbally or in writing, openly or anonymously, by civilians, or sworn police officers, in person or by telephone

Consent Decree

A voluntary agreement, approved by a federal court, between both parties that the police department in question will cease the improprieties of which it is suspected

Shakedowns

Consist of corrupt officers demanding money, goods, or other valuables form people in exchange for lenient treatment, protection, or some other illegitimate service

-A form of extortion

Problem Police Officers

Those who exhibit problem behavior, as indicated by a large number of citizen complaints, frequent involvement in use-of-force incidents, and other evidence

The Force Factor

The level of force used by the police relative to the suspect’s level of resistance

-calculated by measuring both suspects level of resistance and the officers level of force on an equivalent scale and by then subtracting the level of resistance from the level of police force used

-Totality of Circumstances!!!

Types of Excessive Force

Physical Brutality, Verbal and Psychological Abuse and Legal Abuse

Peels Principles

A set of guidelines developed by Sir Robert Peel, the founder of the London Metropolitan Police, that emphasize prevention, public cooperation, and accountability

O.W Wilson

He succeeded in restoring a civil service system that had been eroded by political influence, in establishing strong recruit and in-service training programs, and in effecting long-needed administrative reforms and procedures

-created new programs for internal review of police misconduct,

Polygraph Exam

-Evidence obtained from the test is not allowed in court to prove guilt

-use to encourage honesty during questioning

-used in many police hiring decisions

Hot times

Times of day when crime is particularly problematic, such as after dark on a Friday night

Directed Patrol

Patrol with Direction

-involves concentrating the police presence in areas where certain crimes are a significant problem

Broken Window Theory

Concerned with targeting low-level offenses and quality-of-life problems in an effort to prevent more serious crimes from occurring later

-visible signs of disorder lead to more disorder + crime

Seizure

A law enforcement officer's interference with an individual's freedom of movement or possession of property. This can occur through a physical application of force, a show of authority, or the deprivation of property

Plain View Doctrine

Held that seizure of evidence is authorized when

1) the police are lawfully in the area where the evidence is located

2) the item is “immediately apparent” as being subject to seizure

3) the discovery of the evidence is “inadvertent”

Impact Munitions

Foam rubber bullets, wooden dowels, beanbags, and other projectiles that are usually fired from a 12 gauge shotgun or 37/40 millimeter gas grenade launchers

-designed to stun or otherwise temporarily incapacitate a suspect or dangerous individual

Public Duty Defense

A legal principle that limits a government entity's liability for injuries caused by its officers or employees.

-essentially, it means that a government entity only owes a duty of care to the public as a whole, and not to any specific individual.

Solidarity

The tendency among police officers to stick together and associate with one another

Field Training Officer (FTO)

A veteran police officer tasked with providing on-the-job training and performance critique a rookie police officer’s initial assignment following graduation from the academy

Code of Ethics

A statement of principles concerning the behavior of those who subscribe to the code

-consists of several standard elements: Legality, Service, Honesty and Integrity, Loyalty, and the Golden Rule

-taken the night before getting sworn in and your badge

Tort

a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.

Culpability

Responsibility for a fault or wrong

-It implies that an individual is legally responsible for a criminal act and is therefore considered guilty. 

Contributory Negligence

Holds that if an officer can show the plaintiff was also negligent in, say, causing an accident, the officer should not be held liable

Ex. Not wearing a seatbelt

Comparative negligence

Looks at whose to blame and assigns liability accordingly

Accreditation

Certification for having met all applicable requirements put in place by an accrediting body

-process intended to ensure that agencies remain accountable to the public and that they abide by the highest standards of conduct in the field

Kickbacks

the corrupt practice where illegal payments are made to garner preferential treatment and can be thought about as a form of bribery.

Types of Drug corruption

Type 1 - occurs when an officer seeks to use his or her position simply for personal gain

Type 2 - “involves the officers search for legitimate gains and may not even be universally perceived as being corrupt