Chapter 4 and 5 study guide


A BRIEF HISTORY OF THE POLICE

Early Policing in England

•​Bobbies: The first organized police force, established by Sir Robert Peel in 1829 in London. Focused on crime prevention.
​•​Hue and Cry: A community-based alert system requiring citizens to assist in apprehending criminals.

Early Policing in the United State

•​Night’s Watch (Boston): An early form of community policing, where volunteers patrolled at night to deter crime.

The Introduction of Police Professionalism

•​Pendleton Civil Service Act: Established merit-based hiring for government positions, reducing corruption in police hiring.
​•​Wickersham Commission Report: 1931 report highlighting police misconduct and the need for professionalization.

The End of the 20th Century to Today: Crime Control, Communities, and Homeland Security

•​Role Expansion: Increased responsibilities in crime control, community relations, and homeland security.
​•​Racial and Ethnic Profiling Issues: Ongoing concerns about discriminatory practices in policing.
​•​Immigration Enforcement: Greater involvement of police in enforcing immigration laws.

LEVELS OF LAW ENFORCEMENT

Federal Level

•​FBI: Investigates federal crimes and national security threats.
​•​Secret Service: Protects national leaders and combats counterfeiting.
​•​White Collar Crime: Focused on financial crimes like fraud and embezzlement.
​•​ATF: Regulates firearms, explosives, alcohol, and tobacco.
​•​CBT: Oversees customs and border protection.
​•​DEA: Focuses on drug trafficking and enforcement.
​•​ICE: Handles immigration enforcement and deportation.
​•​U.S. Marshals Service: Manages federal prisoners and fugitive operations.
​•​Department of Justice: Oversees law enforcement and legal affairs.
​•​Department of the Treasury: Manages financial crimes and economic security.
​•​Department of Homeland Security: Coordinates responses to terrorism and disasters.

State Level

•​State Level: State police enforce state laws and support local agencies.
​•​Local Level (Sheriff’s Offices): Handle county law enforcement and jails.

Requirements to Become a Police Officer

•​Physical fitness, educational qualifications, background checks, and academy training.

STRATEGIES IN POLICING

•​Wilson’s Three Styles of Policing:
​•​Watchman: Focus on maintaining order.
​•​Legalistic: Strict enforcement of laws.
​•​Service: Emphasis on community assistance.
​•​Community Policing: Builds trust and collaboration between police and communities.
​•​Problem-Oriented Policing: Identifies and addresses root causes of crime.
​•​Zero-Tolerance Policing: Focus on strict enforcement, often criticized for targeting minor offenses.
​•​Broken-Windows Perspective: Addresses small signs of disorder to prevent larger crimes.
​•​Stop & Frisk: Controversial tactic of stopping and searching individuals for weapons or contraband.

WHAT WE EXPECT OF THE POLICE

•​Procedural Law: Rules on how laws are enforced.
​•​Substantive Law: Defines criminal acts and penalties.

HOW THE POLICE ARE ORGANIZED

Hierarchical Chain of Command: Clear structure for decision-making.

Differences from Military:
​1.​Discretion: Freedom to make decisions.
​2.​Visibility: High public interaction.
​3.​Authority: Direct impact on civilians.

WHAT THE POLICE DO & PURPOSE

•​Patrol: Visible presence to deter crime.
•​Investigation: Solving crimes and gathering evidence.
•​Traffic Enforcement: Ensuring road safety.
•​Peacemaking and Order Maintenance: Managing conflicts and maintaining order.

THE RULES THE POLICE FOLLOW

•​Police Discretion: Decision-making power in law enforcement.
•​The Fourth Amendment: Protects against unreasonable searches and seizures.
•​Search:
•​Trespass Doctrine: Searches based on physical intrusion.
•​Privacy Doctrine: Protects individuals’ expectations of privacy.
•​Plain View Searches: Legal if evidence is visible during lawful presence.
•​Special-Needs Searches: Exceptions for public safety (e.g., airport security).
•​Seizures:
•​Stop-and-Frisk: Brief stops for weapons checks (Terry v. Ohio).
•​Show of Authority Stop: Submission to police authority.
•​Actual Seizure Stop: Physical detention by police.
•​Reasonable Stop Standard: Based on reasonable suspicion.
•​Arrests: Taking someone into custody for suspected crimes.
•​Interrogations and Confessions: Must follow due process (Miranda rights).

Court Cases

•​Illinois v Gates (1983): Established the “totality of circumstances” test for warrants.
•​Katz v US (1967): Expanded privacy rights to include wiretaps.
•​Hester v US (1924): Defined “open fields” as not protected by the Fourth Amendment.
•​Olmstead v US (1928): Permitted wiretapping without trespass.
•​Silverman v US (1961): Prohibited invasive surveillance techniques.
•​Chimel v California (1969): Limited searches during an arrest to the immediate area.
•​Terry v Ohio (1968): Established stop-and-frisk based on reasonable suspicion.
•​FL v Bostick: Consent searches during bus sweeps.
•​Indianapolis v Edmond: Limited roadblocks for drug searches.
•​United States v Cortez: Defined criteria for reasonable suspicion.
•​Utah v Strieff: Allowed evidence found during unlawful stops under specific circumstances.
•​Illinois v Wardlow: Upheld stops based on suspicious behavior.
•​Florida v JL: Anonymous tips alone do not justify stops.
•​PA v Mimms: Allowed ordering drivers out of vehicles during stops.

 

•​Trespass Doctrine: Focus on physical entry.
•​Plain View Doctrine: Evidence visible to officers can be seized.
•​Abandoned Property: Not protected by the Fourth Amendment.
•​Personal Security vs. Personal Privacy: Balances police authority with individual rights.