Chapter 8 CJS

Chapter 8: Police and the Rule of Law

Property Damage Considerations

• Property Damage Standards:

  • Officers must keep property damage to a minimum during warrant executions.

  • Forcible entry is permitted if a door is locked or barricaded, or during searches covered by a warrant.

  • Property damage is only justified if it does not "shock the conscience."

Appropriate Use of Force

• Using Force:

  • Force may be necessary when executing arrest or search warrants.

  • Standards governing the use of deadly or non-deadly force apply when faced with resistance or potential attacks.

Time Constraints with Search Warrants

• Search Timing:

  • Most search warrants specify they must be executed during the daytime.

  • Officers can obtain warrants for nighttime searches or special instructions to bypass this limit.

Limitations on Searches

• Scope and Manner of Searches:

  • Searches must be reasonable and proportional to the item sought.

  • For example, if searching for large stolen items like televisions, small spaces (drawers, cabinets) are off-limits.

Media Restrictions

• Media Involvement:

  • Media members cannot accompany police on search warrant executions unless for law enforcement purposes (e.g., training documentation).

Warrantless Searches and Arrests

• Warrant Requirement:

  • Generally, police must secure a warrant for searches under the Fourth Amendment.

  • Exceptions exist, including:

    • Exigent circumstances.

    • Stop and frisk.

    • Searches incident to lawful arrest.

    • Automobile searches.

    • Consensual searches.

    • Searches based on plain view.

    • Discovered crimes in an officer's presence.

Reasonableness of Warrantless Actions

• Criteria for Legality:

  • Warrantless searches must be reasonable.

  • Actions based on prior behavior alone (e.g., previous drug dealing) do not justify searches without other supporting factors.

Probable Cause Hearings

• Post-Arrest Protocol:

  • Individuals subjected to warrantless arrests are entitled to a probable cause hearing to assess the legitimacy of the arrest.

Exigent Circumstances

• Definition & Examples:

  • Exigent circumstances allow police to act without a warrant in emergencies. Examples include:

    • Hot pursuit: Immediate action to prevent escape or harm.

    • Danger of evidence destruction: Immediate entry to preserve evidence being destroyed.

    • Threats to others: Police may act without warrants to protect lives in dangerous situations.

Legal Requirements for Hot Pursuit

• Requirements for Hot Pursuit Justification:

  1. Probable cause that the suspect is present.

  2. Reasonable belief immediate apprehension is necessary.

  3. Pursuit begins from a lawful position.

  4. The offense must be serious (typically a felony).

  5. Pursuit must occur before or closely following apprehension.

Threats to Evidence

• Examples of Urgency:

  • Police can intervene without a warrant if there’s reason to believe evidence (like drugs) will be destroyed.

Threats to Others

• Police Actions to Protect Life:

  • Examples include intervening in hostage situations or responding to domestic disturbances if lives are in danger.

Technology in Law Enforcement

• Through-Wall Radar Technology:

  • Advanced technology allowing officers to detect movement within buildings without visual contact.

  • Raises Fourth Amendment concerns regarding privacy and search without warrants.

Stop and Frisk Procedures

• Definition and Protocol:

  • Involves detaining and patting down a suspicious individual.

  • Requires reasonable suspicion rather than probable cause.

  • Components:

    • Stop: Brief detention.

    • Frisk: Check for weapons.

Landmark Cases and Their Impact

• Key Legal Precedents:

  • Terry v. Ohio (1968) established the basis for stop and frisk practices, determining reasonable suspicion suffices for limited searches for weapons.

  • Illinois v. Wardlow (2000): Presence in a high-crime area, combined with flight, can constitute reasonable suspicion.