Chapter_5

Chapter 5: Police Organization, Operation, and the Law

Page 1

Page 2: Police Officer vs Detective

• Police Officer/Patrolling Officers:

  • Conduct initial investigations and respond to the scene.

  • Tasks include basic interviewing, note-taking, and evidence gathering.

  • Responsible for writing reports, submitting charges, and testifying in court.

• Detectives:

  • Plain-clothes officers specializing in follow-up investigations.

  • Focus on gathering evidence, interviewing witnesses, and identifying suspects.

  • May collaborate with other law enforcement.

Page 3: Traffic Safety Guidelines for Emergency Responders

• Applicable law enforcement agencies have jurisdiction over highway incidents.

• Responsibilities include:

  • Serve as Incident Commander.

  • Secure incident scene and assist responders.

  • Establish access routes and control incident scene.

  • Conduct investigations and manage traffic control.

Page 4: Expectations of Police

• Officers face multiple daily decisions involving:

  • Rights of offenders, citizens' opinions, and supervisors' demands.

  • Legal statutes and personal judgment.

• Discretion is central to police work.

Page 5: Organization

• Police departments may adopt a quasi-military structure with:

  • Uniforms, ranks, and centralized decision-making.

  • Military model benefits:

    1. Controlling force through discipline.

    2. Professionalization of police forces.

    3. Effective organizational model due to military background.

Page 6: Police Organization Structure

• Bureau of Field Operations

  • Chief of Police

  • Patrol Division

  • Traffic Division

  • Dispatch

  • Detective Division

• Bureau of Administrative Services

  • Community and Staff Development

  • Civilian Staff

Page 7: Police vs Military

• Key differences in decision-making and discretion.

• Unique expectations for officers require independent reasoning.

• Supervision of police is more challenging due to discretion.

Page 8: Challenges in Supervision of Police

1. Discretion: More prevalent compared to military.

2. Visibility: Higher public interaction and observation.

3. Authority: Less control over officers’ actions compared to military.

Page 9: What Police Do

• Four main duties:

  1. Patrol

  2. Investigation

  3. Traffic Enforcement

  4. Peacemaking and Order Maintenance

Page 10: Goals of Patrolling

1. Deterring crime through visible presence.

2. Enhancing public safety and confidence.

3. Availability for immediate service and area knowledge.

Page 11: Modes of Transportation for Patrol

• Modes include squad cars, aircraft, foot, bikes, horseback, and motorcycles.

• Single-officer patrol cars: Cover wider areas.

• Two-officer patrol cars: Increased safety for higher-risk situations.

Page 12: Response Time Challenges

1. Discovery Time: Delays in crime detection.

2. Reporting Time: Delayed reporting by victims.

3. Processing Time: Dispatcher availability issues.

4. Travel Time: Distance from the incident scene.

Page 13: Investigation Duties

• Detectives take over evidence gathering post-patrol.

• Key tasks: rebuilding crime scenes, coordination with patrol, and use of support personnel.

Page 14: Traffic Enforcement Responsibilities

• Ensure safety on roads and respond to accidents.

• Conduct roadblocks and enforce traffic laws.

• High-risk duty area with potential for danger.

Page 15: Peacemaking & Order Maintenance

• Police act as problem solvers:

  • Domestic disputes and crowd control.

  • Managing vice-related crimes and mental health issues.

  • First response during emergencies.

Page 16: Order Maintenance Challenges

• Handling complex situations like mental health crises and juvenile encounters.

• Deciding on the use of force during critical incidents.

Page 17: Rules Governing Police Action

• Procedural law guides police actions to prevent abuses and ensure civil rights.

• Balances police authority against the rights of individuals.

Page 18: Police Discretion

• Officers do not enforce laws in every instance.

• Selective enforcement is common, affecting the reputation of the justice system.

Page 19: Benefits and Harms of Police Discretion

• Benefits: Targets harmful offenses, potentially reducing overall crime.

• Harms: Risks of inequality, racial profiling, and corruption.

Page 20: Questions on Selective Enforcement

1. Should police arrest if future prosecution is unlikely?

2. Is selective enforcement justified due to limited resources?

3. Are individual-based enforcement decisions allowed?

Page 21: Procedural Law - 4th Amendment Overview

• Protects against unreasonable searches and seizures.

• Requires probable cause for search and arrest warrants.

Page 22: 4th Amendment Coverage

1. Search

2. Special-needs searches

3. Seizures

4. Stop-and-frisk

5. Arrests

Page 23: Search Definition

• Investigates areas or persons for criminal evidence.

• Legality requires a judge-approved search warrant.

Page 24: Search Doctrines

• Trespass Doctrine: Defines a search based on physical intrusion.

• Privacy Doctrine: Protects individuals from government intrusion in areas with reasonable privacy expectations.

Page 25: Plain-View Doctrine

• Police can detect evidence without a search as long as:

  • The item is in plain view.

  • The officer is lawfully present.

Page 26: Lawful vs Unlawful Searches

• Open-fields doctrine: No expectation of privacy in open fields.

• Public places: Individuals cannot expect privacy when observed by police.

Page 27: 4th Amendment Exceptions

1. Searches incident to arrest.

2. Consent searches.

3. Exigent circumstances.

4. Vehicle searches with probable cause.

Page 28: Special-Needs Searches

• Conducted without warrants but must be reasonable:

  • Impounds, border, airport searches, and student inspections.

Page 29: Seizure Defined

• Illegally collected evidence cannot be used in court.

• Intimidation leading to illegal seizure is a violation of the 4th Amendment.

Page 30: Stop-and-Frisk Overview

• Describes the stop and search process by law enforcement.

• Types of Stops:

  • Actual-Arrest stops and Show-of-Authority stops.

Page 31: Legal Standards for Stops

• Supreme Court evaluates reasonableness of stops and searches, considering reasonable suspicion.

Page 32: Making Arrests

• Requires probable cause and a higher standard of suspicion than simple stops.

Page 33: Restrictions on Home Arrests

1. Serious offenses only.

2. Knock and announce requirement.

3. Daylight requirement for arrests.

Page 34: No-Knock Warrants

• Authorized entry without prior announcement in specific conditions.

• Significant increase in use from the 1980s to 2010s.

Page 35: Interrogation and Confessions

• Constitutional rights during questioning focus on self-incrimination and right to counsel.