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Chapter 6

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Chapter 6

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  1. Chapter 6 Policing and the Law

  2. What we expect of the police The police must develop an occupational culture that shapes their response to crime, offenders, and the criminal justice system.

  3. What we expect of the police Manning: The police have the tasks of crime prevention, crime detection, and the apprehension of criminal suspects in an efficient, apolitical, and professional manner.

  4. How the police work • Watchman style • Legalistic style • Service Style

  5. How the police workWatchman style Distinguishes between two mandates of policing: order maintenance and law enforcement. • Involves discretion • Preserving the social order is key

  6. How the police workLegalistic style • Concentrates on enforcing the law by writing more tickets, making more arrests, and encouraging victims to sign complaints. • Requires little discretion

  7. How the police workService style • Concerned with service to the community and citizens. • Employs alternative strategies: official warnings or diversion programs. • Discretion is used, but subject to formal review and evaluation.

  8. The Quasi-military Nature of Police Organizations According to Bittner, there are three reasons the military model is attractive to police planners…

  9. The Quasi-military Nature of Police Organizations Both the military and the police are in the business of using force. The introduction of military-like discipline in the 1950s professionalized police departments. The police lacked other models of organization.

  10. The Quasi-military Nature of Police Organizations The major difference between military organizations and the police is discretion.

  11. The Quasi-military Nature of Police OrganizationsPolice as Soldiers The difference between the police and the military: • Military: Important decisions are made at the top of the chain of command. • Policing: Discretion is vested with the individual police officer

  12. What the Police Do • Patrol • Investigation • Traffic enforcement • Peacemaking and order maintenance

  13. What the Police DoPatrol • To deter crime • Enhance feelings of public safety • Make officers available for service

  14. What the Police DoPatrol Four aspects of response time: • Discovery time • Reporting time • Processing time • Travel time

  15. What the Police DoInvestigation • Detectives take over evidence gathering so that patrol officers can resume patrol. • Photographers, crime-scene technicians, and others help detectives investigate the case.

  16. What the Police DoTraffic Enforcement • Respond to accidents • Detect drunk drivers • Apprehend suspects • Enforce traffic laws • Traffic duties most often bring police officers into close contact with citizens

  17. What the Police DoTraffic Enforcement

  18. What the Police DoPeacemaking and Order Maintenance • Domestic disputes • Crowd control • Vice • Mental illness • Juveniles • First response

  19. Rules the Police Follow • Procedural law: Rules for the government • “Tying the hands of the police”? • The underlying values incorporated by the Constitution must be met.

  20. Rules the Police FollowPolice discretion The police do not make an arrest every time they are authorized to do so.

  21. Rules the Police FollowPolice discretion • The criminal justice system could not effectively deal with so many cases. • The most serious offenders would be obscured by the mass of cases.

  22. Rules the Police Follow: Police discretionSelective enforcement Pro • Selective enforcement may result in less overall crime and less damage to citizens and property. Con • Violates the idea of fair play. All suspects are not treated equally. • Depends on discretion.

  23. Procedural laws and policingThe Fourth Amendment Procedural law controlling the activities of law enforcement is derived from the Fourth Amendment.

  24. Procedural laws and policingThe Fourth Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

  25. Procedural laws and policingThe Fourth Amendment Even though it constitutes only one sentence, the Fourth Amendment covers a lot of territory …

  26. Procedural laws and policingThe Fourth Amendment • Search • Special-needs searches • Seizures • Stop-and-frisk • Arrests

  27. The Fourth AmendmentSearch • Trespass doctrine • Privacy doctrine • Plain-view doctrine • Open-fields doctrine • Public places • Abandoned property

  28. The Fourth AmendmentSearch • Officers must have the approval of a judge to get a search warrant. • However, the court recognizes four major exceptions to the requirement that officers obtain warrants before conducting a search …

  29. The Fourth AmendmentSearch • Searches incident to arrest • Consent searches • Exigent circumstances searches or emergency searches • Vehicle searches

  30. The Fourth AmendmentSpecial-needs searches • Inventory searches • Border searches • Airport searches • Searches of prisoners • Searches of probationers & parolees • Searches of students • Employee drug testing

  31. The Fourth AmendmentSeizures • The Fourth Amendment does not allow illegally seized evidence to be presented in court. • If the police intimidate a suspect so that he/she does not feel free to leave, an illegal seizure may be deemed under the Fourth Amendment.

  32. The Fourth AmendmentStop and frisk • Encompasses two distinct behaviors. • Stops are seizures. • Frisks are searches. • For a lawful frisk, a stop must meet the conditions of a lawful seizure.

  33. The Fourth AmendmentStop and frisk • Actual-seizure stops involve officers physically restricting a person's freedom. • Show-of-authority stops involve officers showing their authority and the suspects submitting.

  34. The Fourth AmendmentArrests • A higher standard of suspicion of guilt is required. • Requires that police have probable cause that the suspect committed a crime. • To use deadly force, the officer must believe the suspect to be a threat to others.

  35. The Fourth AmendmentArrests The court recommends four restrictions on home arrests … • The crime should be a felony. • The police must knock and announce. • The arrest should be made in daylight. • The police must meet a stringent probable-cause requirement that the suspect is in fact at home.

  36. The Fourth AmendmentInterrogation, Confessions, and the Exclusionary Rule Individuals have constitutional rights that must be respected in the questioning process. These rights stem from the Fifth, Sixth, and Fourteenth Amendments …

  37. The Fourth AmendmentInterrogation, Confessions, and the Exclusionary Rule • Fifth Amendment self-incrimination clause • Sixth Amendment right-to-counsel clause • Fourteenth Amendment due process clause

  38. Questions • Why are the police patterned after the military style of organization? • What do we mean by the term procedural law? • Where in the US Constitution do we find the authority for our laws concerning searches?