CRJU 302 Policing 8 (chap 7)
Chapter 7: People of the Franquitity Provide for the Common Defence
This chapter lays a fundamental understanding of the principles underpinning the Constitution and the procedures of law enforcement, highlighting the essential nature of the rule of law in safeguarding individual rights.
Introduction
The Bill of Rights plays a crucial role in protecting citizens from government overreach and abuse of power. It is imperative that police authorities operate in accordance with the constitutional laws pertaining to their jurisdiction.
Key Concepts:
Rule of Law: The enforcement of the law must be conducted ethically, promoting justice for all citizens.
Unchecked Police Power: When police powers lack legal justification, they pose a significant threat to democracy.
Constitutional Amendments and Police Procedures
Three crucial amendments impact police procedures:
Fourth Amendment: Protects individuals from illegal searches and seizures, covering actions like searches, arrests, surveillance, and lineups.
Fifth Amendment: Safeguards against self-incrimination during confessions and interrogations, ensuring individuals are not compelled to testify against themselves.
Sixth Amendment: Guarantees the right to legal counsel during police questioning, ensuring fair trial standards.
The Fourth Amendment
This amendment imposes limitations on police conduct:
Primary Protection: Law enforcement must obtain judicial warrants for conducting arrests or searches.
Probable Cause: Defined as the level of suspicion that is greater than mere reasonable suspicion but lower than absolute proof of a crime.
Exclusionary Rule
This legal principle prohibits the use of evidence obtained unlawfully in court proceedings:
Originating from the case Weeks v. U.S. (1914) and later extended to the states through Mapp v. Ohio (1961).
Fruit of the Poisoned Tree Doctrine: Disallows the use of evidence derived from unconstitutional searches, reinforcing the necessity of lawful procedures.
Perspectives on Exclusionary Rule
Two prominent viewpoints exist regarding this rule:
Crime Control View: Advocates for exceptions to ensure effective law enforcement, prioritizing the safety of victims.
Due Process View: Stresses the importance of protecting individual rights and argues against any infringement on justice by law enforcement actions.
Exceptions to the Exclusionary Rule
Several exceptions allow for the usage of evidence that might otherwise be excluded:
Public Safety Exception: Under urgent concerns for public safety, law enforcement may need to bypass certain search warrant requirements.
Inevitable Discovery Exception: Allows for evidence to be admitted if it can be demonstrated that it would have been discovered regardless of the illegal search.
Good Faith Exception: Protects officers who believed they were conducting a lawful search, even if it later turns out they were not.
The Right to Privacy
While the Fourth Amendment does not explicitly state a right to privacy, such a right is inferred through its foundational protections against unreasonable searches and seizures.
Searches with and without Warrants
Search Warrant: Legal permission is mandated based on probable cause for executing searches.
Types of Warrantless Searches:
Searches conducted following lawful arrests.
Stop and frisk (pat-downs) under specific conditions of reasonable suspicion.
Vehicle searches permissible when probable cause is evident during stops.
Evidence obtained in plain view can be seized without a warrant.
Searches conducted with consent of the individual involved.
Search Incident to Lawful Arrest
Law enforcement may search individuals upon arrest without the necessity of prior warrants.
Stop and Frisk Searches (Terry v. Ohio)
This landmark case permits officers to briefly detain and search individuals based on reasonable suspicion.
This practice has faced substantial criticism, particularly concerning the potential for racial profiling.
Searches of Automobiles
Law enforcement officers have the authority to search vehicles if they possess probable cause at the time of the stop.
Plain View Searches
Officers may seize evidence that is openly visible without a warrant, provided their observation is lawful and not intrusive.
Lineups
A critical identification procedure enabling victims to identify suspects, which requires an attorney to be present once a suspect is formally charged.
Arrests and Entrapment
Entrapment: Defined as the wrongful inducement by police for individuals to commit acts they would not otherwise engage in.
Fifth Amendment: Interrogations and Confessions
This amendment protects individuals from self-incrimination, necessitating that individuals are informed of their rights (Miranda rights) prior to any custodial interrogation.
Summary of Police Procedures
Police must navigate complex legal frameworks when gathering evidence and questioning suspects to uphold citizens' rights.
Key Legal Terms
Affidavit: A written statement presented as evidence in court.
Exclusionary Rule: A legal doctrine barring the use of evidence obtained illegally.
Probable Cause: The legal standard that justifies police action to arrest or search based on factual information.
Search and Seizure: The lawful gathering of evidence by law enforcement personnel.
Review Questions and Answers
What is the rule of law? - It ensures that all individuals and institutions are accountable to laws that are applied and enforced justly.
Protections from Amendments:
Fourth: Prohibits unreasonable searches and seizures.
Fifth: Safeguards against self-incrimination.
Sixth: Affirms the right to legal representation during legal proceedings.
Example of probable cause: Observing suspicious behavior coupled with tangible evidence in possession of an individual.
Exclusionary Rule implications: While protecting citizen rights, it can complicate the prosecution in criminal cases.
Warrant use distinctions: Engaging in arrests or searches with warrants ensures greater legal oversight compared to actions without warrants.