Principles of Law Enforcement

1
Principles of Law Enforcement

• Chapter 13
• Police and the Law

2
Student Objectives

• Acquaint the students with the amount and type
  crime in the U.S. and types arrests made by the
  police
• Learn the role of the Bill of Rights and the
  U.S Supreme Ct in regulating the actions of
  police
• Explain the role of the police in making arrests,
  search people and places, and stopping automobiles

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Objectives Cont..

• To familiarize students with the changing
  philosophy of the Supreme Court in areas of
  search and seizure, custodial interrogation, and
  identification procedures
• Familiarize students with current standard
  police procedures using examples of case law in
  areas of search and seizure, custodial
  interrogation, and identification procedures

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Introduction

• This chapter is perhaps the most important one in
  the text. The role of the police is a very
  special one in our society. The police do much
  more than enforce the law and make arrests but
  police power is what comes to mind when we think
  of the police. When police arrest people they
  take away a persons freedom and liberty. The
  police must know the law and apply it correctly.

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Crime in the U.S.

• Crime is part of life in the United States
• We see crime on TV and we read about it daily in
  our newspapers
• Crime is measured by two major methods
• Uniform Crime Report
• National Crime Victimization Survey
• Both plan to make significant changes

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Uniform Crime Reports

• The UCR is published annually by the FBI based on
  crimes reported to the police across the U.S.
• The publication Crime in the United States has
  4 sections
• Crime Index
• Crime Index Offenses Cleared
• Persons Arrested
• Law Enforcement Personnel

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UCR Cont..

• The Crime Index consists of the FBI part 1 crimes
  which are the seven most serious crimes
• Murder, Non-negligent manslaughter, Rape,
  Robbery, Aggravated Assault, Burglary, Larceny
  Theft, and Motor Vehicle Theft
• Prior to 1972 it was the only major crime source
  but people had concerns about crimes that were
  not reported to the police

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National Crime Victimization Survey

• The NCVS is prepared by the institute of justice
  which is the research arm of the Dept of Justice
• Here a survey is conducted covering a six month
  period by surveying persons door to door to find
  out if anyone in the household was a victim of a
  crime
• Questions are asked about the incident and the
  information is published yearly

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Comparisons of Data for 1994 UCR and NCVS
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Crime Clock
11
The Police and the Constitution

• The primary law regulating life is the U.S is the
  Constitution
• We now want to look at the Bill of Rights, the
  14th Amendment, and the role of the Constitution
  in regulating the police
• And look at the exclusionary rule

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Bill of Rights and the 14th Amendment

• The 1st 10 amendments are known as the Bill of
  Rights
• Five of the first ten amendments address the
  freedoms or rights people possess when involved
  with the criminal justice system
• The 1st , 4th, 5th, 6th, and 8th were amendments
  were ratified in 1791
• The 14th came in 1868

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Bill of Rights and the 14th Cont

• The Bill of Rights were the direct result of
  oppression of the people in England before they
  came and settle in America
• The 14th had a major affect on the US Criminal
  Justice System because it extended the Bill of
  Rights to the states

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14th Amendment
No citizen can be denied life, liberty, or
property without due process of law in both
Federal and State Jurisdictions
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Role of the US Supreme Court in Regulating the
Police

• Through its policy of judicial review the
  Supreme Ct has had a significant impact on police
  procedures as they have developed over the years

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Role of the Supreme Ct Cont..

• 1914 Weeks v U.S. -Brought about changes in
  search and seizures
• 1936 Brown v Mississippi Ruled certain methods
  of police interrogation were unconstitutional
• Rights of the individual vs the Rights of Society
• Example You (rights of society) want a safe
  classroom but a classmate (rights of the
  individual) brings a gun to school

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Balance of Rights

• The Supreme Court has always had conflicting
  goals when weighing the rights of society vs the
  individual
• If we give society too many rights we give up our
  individual liberties
• If we give individuals too many rights our
  society will not be safe from crime

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Exclusionary Rule

• It is not part of the constitution
• It holds based on the 14th amendment that any
  evidence seized in violation of the constitution
  cannot be used in a court of law against a
  defendant
• Since 1914 the Supreme Court has been concerned
  with the use of illegal means by which police
  obtain evidence

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Exclusionary Rule Cont..

• At first the Exclusionary Rule only applied to
  Federal Agents and officers
• The court continually warned the states to comply
  until 1961 when they applied the exclusionary
  rule to state courts

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Four Supreme Cases that Shaped Police Policy

• 1914 Weeks vs U.S.- Agents entered the home
  without a warrant and seized evidence. The
  Supreme Ct overturned the conviction and
  established the exclusionary rule
• 1949 Wolf vs Colorado- Wolf was an abortionists
  and his appointment book was seized w/o a warrant
  whereas clients told on him. Wolf was convicted
  and later released. By then 31 states had
  rejected the exclusionary rule

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Four Supreme Cases that Shaped Police Policy
Cont..

• 1952 Rochin vs California- Police raided Rochins
  home w/o a warrant. Upon seeing him place illegal
  narcotics in his mouth they forcefully tied to
  extract evidence from his mouth. After an
  unsuccessful attempt they went to the hospital
  and forcefully pumped his stomach and recovered
  the capsules. Case was overturned and the supreme
  court sent out another warning

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Four Supreme Cases that Shaped Police Policy
Cont..

• Mapp vs Ohio 1961- Again police used a
  warrantless entry to enter a womans home and
  search for a man linked to a bombing.
• While in her home police found obscene
  materials and arrested and convicted Ms Mapp
• The Supreme Court had enough and imposed the
  Exclusionary Rule on all state courts

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Is it Fair?

• Many police officers and citizens feel the
  exclusionary rule is unfair
• They feel it is procriminal and antipolice
• They feel it allows hardened criminals a chance
  to escape in a technicality
• Actually the Exclusionary Rule is used more on
  drug offenses and not violent crimes

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The Police and Arrest

• The power of the police is restricted by the 4th
  and 5th amendments
• You cannot deprive citizens their right to life,
  liberty, or property w/o due process of law
• Arrests can be made with or without a warrant or
  when directed to do so by a judicial officer

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The Police and Arrest

• Police can arrest for crimes committed in their
  presence
• Felony crimes if they have P.C. to believe a
  crime has occurred
• Under the authority of an arrest warrant

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Probable Cause

• Most arrests are made by officers on the street
  without a warrant because once they become aware
  that a crime has been committed, it necessitates
  immediately action
• Most arrest are made by the probable cause
  standard
• Probable cause is defined as evidence that may
  lead a reasonable person to believe that a crime
  has been or is about to be committed
• It is less than beyond a reasonable doubt

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Reasonable Force in Making Arrests

• The amount of force an officer can use when
  making an arrest is called reasonable force
• Reasonable force is the amount of force needed to
  overcome the resistance by the person being
  arrested
• Example- Using fists Using Fists
• As the offender escalates an officer may escalate
  his use of force
• Kicking or hitting the offender after he/she is
  handcuffed would be unreasonable use of force

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Deadly Force

• Use of deadly force has long been a controversial
  topic
• It is permitted when absolutely needed
• Jeopardy, ability and opportunity must be present
• Police can protect their life or the life of
  another

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Stopping of Vehicles

• In 1979 in Delaware vs Prouse the Supreme Ct
  ruled that it was no longer constitutional to
  make routine stops or random spot checks
• Today the court still rules that
• Officers may stop a car on reasonable suspicion
• If a traffic violation has occurred
• Using point checks or road blocks as long as
  every citizen is subject to the stop
• Officers can also legally order persons out of a
  vehicle for their safety (Mimms vs Penn 1971)

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Search Warrants

• Generally officers should obtain a search warrant
  prior to any search an seizure
• A warrant is a court order issued by a judge
  based on probable cause describing the person,
  place, or auto to be searched
• Officers generally execute warrants during
  daylight hours but there are exceptions
• No knock provisions
• Generally search warrants are not procured
  before the search because of no time to act

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Exceptions to Search Warrants

• Search warrant exceptions are called exigent
  circumstances
• This means evidence will likely be destroyed if
  officers dont act
• The suspects might get away
• The officer might be injured
• Incident to lawful arrest an officer has the
  right to search the suspects immediate
  surroundings to avoid potential injury

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Field Interrogations

• In 1968 Terry vs Ohio established the standard
  that allowed a policeman to conduct a stop and
  frisk
• A stop and frisk is the temporary detainment of a
  person by a law enforcement officer for the
  purpose of an investigation, accompanied by a
  superficial examination by the officer of the
  persons body surface or clothing to discover
  weapons, contraband, or other objects related to
  criminal activity

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Hot Pursuit

• Another circumstance in which a warrant is not
  needed
• In hot pursuit or close pursuit if officers chase
  a suspect into a building, they do not have to
  stop and get a warrant.
• It would be self-defeating to have to do this

34
Consent Searches

• Police can search without a warrant if consent is
  given by a person who has authority to give
  consent
• The request cannot be in the form of a command or
  a threat
• It must be a genuine request for permission
• An oral reply must be received but a head nod is
  not enough
• The search is limited to the area where consent
  is given

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Consent Search Cases

• 1974 Matlock vs U.S- Ruled a person sharing a
  room with another could give permission
• 1990 Rodriguez vs Illinois- Police entered a
  Chicago apartment after victim (girlfriend) told
  police boyfriend had assaulted her and the police
  found cocaine

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Plain View

• Plain view evidence is unconcealed evidence
  inadvertently seen by an officer engaged in a
  lawful activity
• Seizure of the evidence without a warrant is
  totally legal

37
Abandoned Property

• Searches of a persons discarded garbage is not a
  4th amendment violation(Abel vs U.S. 1960
• Trash left at the curb is ok too (Calf vs
  Greenwood 1988)

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Inventory Searches

• If a vehicle is impounded, officers have the
  right to enter and search the vehicle without a
  warrant for the purpose of noting all contents
• In Colorado vs Bertine (1968) he was arrested
  while driving intoxicated and upon an inventory
  search canisters of drugs were found case was
  upheld

39
Open Fields Searches

• In Hester vs U.S. (1924) the supreme court
  established an open fields exception
• In this case the court said that field not
  immediately surrounding the house did not have
  the protection of the 4th amendment
• In 1989 in Florida vs Riley agents flew over his
  house with a helicopter at 400 feet and
  discovered marijuana growing in Rileys
  greenhouse which was legal

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Automobile Exceptions

• Many students dont like getting stopped by the
  police and consider it harassment
• We have 4th amendment protection but not as much
  as if you were in your home
• Vehicles are considered very mobile objects and
  the supreme court is lenient on vehicle
  warrantless searches

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Good Faith Exception

• If police conduct a search in good faith and it
  is later discovered that the warrant is fault or
  found to be unsupported by probable cause, the
  good faith exception then applies
• The is where the police act in reasonable
  reliance and good faith on a search warrant
• In 1995 Evans vs Arizona he was arrested for a
  traffic violation in which a computer erred
  showed him with an outstanding warrant that
  should have been removed. Police found contraband
  and the supreme ct said ok

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The Police and Custodial Interrogations

• When there is not enough physical evidence police
  often resort to gain a confession from a
  defendant particularly in murder cases
• Historically there have been abuses such as
  tortures beatings by the police
• This came to be the 3rd degree

43
Path to Miranda

• From 1936 to 1966 the Supreme Ct attempted to
  make police stop misconduct and comply with the
  5th amendment
• 1936 Brown vs Mississippi
• 1957 The McNabb-Mallory Rule
• 1964 Escobedo vs Illinois
• 1966 Miranda vs Arizona

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The Police and Identification Procedures

• Lineups, showups, and photo arrays are important
  in establishing the investigation of a suspect
• Lineup- Is placing the suspect with a group of
  other people of similar characteristics (hair
  color, race, age, height, weight)
• Showup- Involves bringing a suspect back to the
  crime scene
• Photo Array- Is showing a photo of the suspect
  with other similar photos to a victim or witness

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Other Identification Procedures

• In Schmerber vs Calif 1966- Blood was forcibly
  taken from the suspect who was drunk driving
  this was not a violation
• In Winston v Lee (1985) The supreme ct ruled that
  it was ok to make minor intrusions into the body
  but here they removed a bullet from Lee for
  evidence and police overstepped their right to
  secure the evidence in this manner

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Summary
The police must know the law and conform to it.
To allow the injustices of the past would serve
to erode our justice system whereas we would no
longer be a free society
The End