History, Structure, and Legal Foundations of American Policing

Comprehensive flashcards covering the history of policing, modern police structure across federal, county, and local levels, and the constitutional framework governing search and seizure.

What is the definition of the "presumption of guilt" as presented in the lecture notes?

It refers to Black people automatically facing suspicion for longer periods regardless of their status and behavior.

Who established the first organized police force in $1829$, and what was it called?

Sir Robert Peel established the London Metro Police in $1829$.

What three core principles of policing were defined by Sir Robert Peel?

1. The goal of policing is preventing crime; 2. Public support is needed to prevent crime; 3. Police must respect community principles.

What drove the creation of the Boston police department in $1838$?

It was driven by the need to protect commercial interests and maintain order, fueled by fear of labor unions and immigrants.

What key finding regarding police involvement in politics came from the Wickersham Commission?

The Wickersham Commission investigated the misuse of police and concluded that police could not be involved in politics.

How did Southern policing differ from Northern policing during the Civil Rights era?

Southern policing centered on enforcing Jim Crow laws, whereas Northern policing centered on riot control.

How did police regulations and public relations shift during the $1960\text{s}$ and $1970\text{s}$?

Police forces emerged in the $1960\text{s}$, and the $1970\text{s}$ saw the introduction of guidelines, training, and strict legal compliance amidst growing tensions highlighted by the Kent State shooting.

Why does the United States rely on local control rather than a national police force?

Because the size and scope are too large, states have different laws, and law enforcement operates across different levels without any single agency having unlimited jurisdiction.

Which divisions are listed under the U.S. Department of Justice in the notes?

Criminal division, tax division, and civil rights division.

What are the primary duties and limits of the Federal Bureau of Investigation (FBI)?

The FBI investigates violations of federal law (e.g., espionage, treason, civil rights violations, fraud), gathers crime stats, and helps train local law enforcement within its limited federal jurisdiction.

What responsibilities are assigned to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)?

The ATF controls sales of untaxed liquor, cigarettes, illegal sales, imports, and related enforcement.

What are the primary operational tasks of the Drug Enforcement Administration (DEA)?

Engaging in drug interdiction, conducting surveillance operations, infiltrating drug rings, and arresting major narcotics violators.

What five functions fall under the jurisdiction of the U.S. Marshals?

Judicial security, fugitive investigations, witness security, prisoner transportation, and the asset forfeiture program.

Which agencies are listed under Homeland Security in the notes?

Customs and Border Protection, Secret Service, and Immigration and Customs Enforcement (ICE).

How do metropolitan police departments differ from sheriff offices in leadership and operation?

Metropolitan police departments are operated by cities and led by an appointed Police Commissioner or Chief; Sheriff offices are operated by counties and led by a popularly elected Sheriff.

Which government entity operates the vast majority of police departments in the U.S.?

City government.

What duties are assigned to county law enforcement according to the notes?

Coroners, tax collectors, keepers of county jails, and court attendants.

What specific operational challenges exist for rural law enforcement?

Small department size, lack of immediate backup, higher rate of drug and alcohol use in rural towns, and inability to afford hiring officers.

How do the $4^{\text{th}}$ and $5^{\text{th}}$ Amendments protect individuals from improper police actions?

The $4^{\text{th}}$ Amendment bars illegal searches, while the $5^{\text{th}}$ Amendment limits the admissibility of confessions obtained unfairly.

How is a legal "search" defined under constitutional principles?

A search occurs when a government actor infringes upon a person's reasonable expectation of privacy.

What is an arrest, and what legal standard is required to execute one?

An arrest is a type of seizure where police take a person into custody for a law violation; it requires probable cause that a crime has been committed and Miranda rights.

What is the difference between a search warrant and an arrest warrant?

A search warrant is an order by a judge directing a search of a specific object or premises, whereas an arrest warrant is an order by a judge to arrest someone.

What does the principle of "particularity" require for a search warrant?

Particularity requires specifying the exact place where a search is taking place.

Under what condition is a warrantless search permitted during a "hot pursuit"?

A warrantless search is allowed if failure to search could endanger lives.