Police


CHAPTER 9 — Policing in the Modern Era



Chapter 9 examines how modern policing has evolved due to technology, intelligence practices, data-driven strategies, and post-9/11 priorities.





1. Crime Mapping



Modern policing relies heavily on data and spatial analysis.



Old Approach: Pin Maps



  • Crime locations marked with colored pins.

  • Helped visualize basic patterns.




Modern Approach: Computerized Crime Mapping



  • Uses geographic information systems (GIS).

  • Allows:

    • Identifying hot spots

    • Tracking emerging trends

    • Real-time adjustments in patrol deployment


  • Makes tactical decisions more efficient.






2. Geographic Profiling



  • Analytical method for identifying the likely residence or base of operations for serial offenders.

  • Based on:

    • Crime locations

    • Patterns in victim selection

    • Offender travel behavior


  • Used for cases like:

    • Serial homicide

    • Serial rape

    • Serial robbery

    • Auto theft rings




Helps investigators narrow down suspects and allocate surveillance resources.





3. Compstat



Originally from NYPD, now nationwide.



Purpose



  • Hold precinct commanders accountable.

  • Use data to reduce crime.




Key Elements



  1. Accurate and timely intelligence
    Determine when, where, and how crimes occur.

  2. Effective tactics
    Tailored strategies to address identified problems.

  3. Rapid deployment
    Quick action based on intelligence.

  4. Relentless follow-up and assessment
    Evaluate outcomes and adjust as needed.



Compstat transformed policing into a more analytical, results-oriented field.





4. Computer-Aided Drafting (CAD)



Used to create 3D crime scenes and reconstructions.



Benefits:



  • Helps juries “see” the scene.

  • Easily updated as new evidence emerges.

  • More accurate than sketches or 2D photos.

  • Tech improvements allow officers to transmit field data to labs instantly.






5. Computer-Assisted Training



Replaces older, passive training videos.



FATS (Firearms Training System)



  • Highly realistic, immersive simulator.

  • Provides:

    • Shoot/don’t-shoot judgment scenarios

    • Stress training

    • Use-of-force decision practice




Enhances officer competence in critical incidents.





6. Intelligence-Led Policing



Emphasized since 2005, especially due to terrorism concerns.



Definition:



Uses information + analysis to guide policing strategies.



Two Types of Intelligence:



  • Tactical:
    Immediate threats, apprehensions, target hardening.

  • Strategic:
    Long-term trends, resource planning, emerging threats.




The Intelligence Cycle:



  1. Planning & direction

  2. Collection

  3. Processing

  4. Analysis

  5. Dissemination

  6. Reevaluation






7. Intelligence-Led vs. Problem-Oriented Policing



Although similar, key differences:



Problem-Oriented Policing (POP)



  • Uses SARA model (Scanning, Analysis, Response, Assessment).

  • Focuses on problem-solving at the local level.




Intelligence-Led Policing (ILP)



  • Broader scope: uses intelligence networks, databases, and national security information.

  • Goes beyond a single agency.






8. Evidence-Based & Smart Policing




Evidence-Based Policing



  • Uses scientific research to evaluate policing practices.

  • Helps decide which tactics are effective.




Smart Policing



  • Efficiency-focused.

  • Emerged due to budget limitations.

  • Aims to be effective, efficient, and economical.






9. Policing in an Age of Terrorism



Post-9/11 policing shifted to prevention and preparedness.



Changes Included:



  • Increased collaboration with federal agencies.

  • FBI priority shift from investigation → counterterrorism.

  • Homeland security initiatives and threat advisories.






10. Information Sharing



Motivated by failures to share intel before 9/11.



Effort:



  • National Criminal Intelligence Sharing Plan (NCISP) created in 2003.

  • Goal: integrated nationwide justice information system.






CHAPTER 10 — Policing and the Law



Chapter 10 explains how the Constitution—especially the Fourth and Fifth Amendments—regulates police behavior.





1. The Fourth Amendment



Protects against unreasonable searches and seizures.



A Fourth Amendment search requires:



  1. Government action

  2. Violation of reasonable expectation of privacy




A Fourth Amendment seizure occurs when:



  • Property interests are interfered with

  • A reasonable person would not feel free to leave






2. Justification Levels in Policing




1. Probable Cause

(highest)



Required for:


  • Arrests

  • Full searches



Defined as:

Reasonable grounds for believing a crime was committed.



2. Reasonable Suspicion



Required for:


  • Stop-and-frisk (Terry v. Ohio)



Below probable cause but more than a hunch.



3. Administrative Justification



Used for:


  • Non-criminal searches such as inspections or safety checks.






3. Arrest Warrants



NOT required for all arrests.



Required when:



  • Arrest occurs in a private residence (unless exigent circumstances exist)

  • Arrest occurs in a third party’s home (requires search warrant)




Requirements for a valid warrant:



  1. Neutral, detached magistrate

  2. Probable cause

  3. Particularity (specific person/place)






4. Warrantless Searches (Major Exceptions)




1. Search Incident to Arrest



  • To protect officer safety

  • Prevent evidence destruction




2. Exigent Circumstances



Includes:


  • Hot pursuit

  • Danger to officers or others

  • Destruction of evidence




3. Automobile Exception



Permits car searches without warrant if:


  • Officers have probable cause

  • Vehicle mobility makes warrant impractical




4. Plain View Doctrine



Evidence may be seized if:


  • Officer is lawfully present

  • Evidence is clearly incriminating

  • Discovery is not staged/intentional




5. Consent Searches



Must be voluntary under the “totality of circumstances” test.





5. Stops and Frisks




Stop (Seizure)



Occurs if a reasonable person wouldn’t feel free to leave.



Frisk (Pat‐down)



Limited search for weapons ONLY.


Officers cannot manipulate or search inside pockets unless the frisk reveals probable cause of a weapon or contraband.





6. Special-Needs Searches



Used for:


  • Schools

  • Airports

  • Checkpoints

  • Probation/parole searches



Courts use a balancing test:

Public safety vs. individual privacy.





7. Inventories



Two types:


  1. Person inventories during booking

  2. Vehicle inventories after lawful impoundment



Requirements:


  • Must follow standard procedures

  • Cannot be used as a pretext for investigation






8. Confessions and Interrogations




Miranda Rights (Fifth Amendment)



Required when BOTH:


  1. Custody
    – Would a reasonable person feel free to leave?

  2. Interrogation
    – Questions designed to elicit incriminating responses.




Custody Examples



  • Formal arrest → always custody

  • Traffic stops → generally NOT custody

  • Detentions vary by circumstances




Interrogation



Defined in Rhode Island v. Innis as:


  • Express questioning

  • Or words/actions reasonably likely to elicit incrimination




Waivers



Must be:


  • Voluntary

  • Knowing

  • Intelligent






9. Documenting Confessions



Must include:


  • Interview records/logs

  • Signed statement

  • Review of statement with suspect

  • Signatures of interrogating officer and witness






CHAPTER 11 — Civil Liability and Accountability



Focuses on how the law holds police accountable through civil lawsuits, oversight, and internal controls.





1. Civil Liability



Citizens can sue officers/agencies for misconduct.



Reasons Civil Suits Are Important



  • Provide accountability

  • Monetary damages compensate victims

  • Encourage better policies and training






2. “Under Color of Law”



Federal lawsuits (like Section 1983) require proving the officer acted under color of law.



This includes:



  • On-duty conduct

  • Off-duty conduct involving police authority

  • Misuse of police powers

  • Using police equipment to intimidate or harm






3. Types of Torts




Intentional Torts



Officer knowingly engages in behavior likely to cause harm.

Examples:


  • Excessive force

  • Assault

  • False arrest



Officer does not have to intend the harm—only the behavior.



Negligence Torts



Must prove:


  1. Duty

  2. Breach

  3. Proximate cause

  4. Actual injury



Examples:


  • Failure to protect

  • Negligent vehicle pursuits

  • Improper training or supervision






4. Citizen Oversight



Three models:



1. Civilian Review



  • Independent investigation

  • Independent findings

  • Recommendations for discipline

  • Strongest model




2. Civilian Input



  • Citizens review investigations done by police, then comment




3. Civilian Monitor



  • Citizens oversee the complaint process but do not investigate



Citizen complaints act as performance indicators.





5. Agency Accreditation



CALEA (Commission on Accreditation for Law Enforcement Agencies):


  • Founded 1979

  • Sets professional standards

  • Ensures agencies remain accountable and transparent






6. Exclusionary Rule



Prevents illegally obtained evidence from being used in court.



Fruit of the Poisonous Tree



Evidence derived from illegal actions must also be excluded.



Good-Faith Exception



Evidence still admissible if officer reasonably relied on:


  • Defective warrant

  • Incorrect judicial information



From:


  • U.S. v. Leon

  • Massachusetts v. Sheppard






7. Criminal Liability of Police



Officers can face state or federal criminal charges.



Key Federal Statute: 18 U.S.C. § 242



Makes it a crime for an officer to:


  • Willfully deprive a person of rights under color of law

  • Includes fines, imprisonment, or life sentence if death results






8. Internal Affairs (IA)



Responsible for investigating all complaints.



Complaints may be:



  • Anonymous

  • Written or verbal

  • From citizens or other officers

  • Submitted in person, by phone, etc.



All complaints MUST be investigated.