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.