CJ Chapter 7 & 8

what percent of full-time officers work in accredited agencies

25%

what percent of law enforcement agencies are accredited

4%

which amendments require due process?

4th, 5th, 6th, 14th

Bivens action

A civil suit brought against federal government officials for denying the constitutional rights of others

Knapp Commission

A committee that investigated police corruption in New York City in the early 1970's.

problem police officer

A law enforcement officer who exhibits problem behavior, as indicated by high rates of citizen complaints and use-of-force incidents and by other evidence.

landmark case

A precedent-setting court decision that produces substantial changes in both the understanding of the requirements of due process and in the practical day-to-day operations of the justice system.

suspicionless search

A search conducted by law enforcement personnel without a warrant and without suspicion. Suspicionless searches are permissible only if based on an overriding concern for public safety.

emergency search

A search conducted by the police without a warrant, which is justified on the basis of some immediate and overriding need, such as public safety, the likely escape of a dangerous suspect, or the removal or destruction of evidence.

sneak-and-peek search

A search that occurs in the suspect's absence and without his or her prior knowledge.

anticipatory warrant

A search warrant issued on the basis of probable cause to believe that evidence of a crime, while not currently at the place described, will likely be there when the warrant is executed.

No-knock warrant

A warrant that allows the police to enter without announcing their presence in advance.

grass eaters

Accept bribes or goods in exchange for not issuing tickets, making arrests, etc. Do not initiate, but don't refuse offer

U.S. v. Leon (1984)

Allowed evidence officers seized in "reasonable good faith" to be used in court, even if the search is later ruled illegal

fleeing-targets exception

An exception to the exclusionary rule that permits law enforcement officers to search a motor vehicle based on probable cause but without a warrant.

Plain View Exception

An officer does not need probable cause to seize evidence in plain view and has reasonable suspicion.

Mapp v. Ohio (1961)

Applied exclusionary rule to the states

Most common sources of civil suit

Assault, Battery, False imprisonment, Malicious prosecution

Doctrine of Sovereign Immunity

Barred legal actions against state and local governments

biological weapon

Biological agent used to threaten human life (anthrax, smallpox, etc.)

1983 lawsuit

Claims officer denied others their constitutional right to life, liberty, or property without due process of law

Three threats give justification for emergency warrantless action

Clear danger to life, Clear danger of escape, Clear danger of removal/destruction of evidence

CALEA

Commission on Accreditation for Law Enforcement Agencies

"slippery slope" perspective

Corruption can start with small things and grow into larger and more serious ethical violations

Right to privacy

Court has placed limits on permitted bodily intrusions

accreditation

Credentialing process that provides recognized professional status

The Electronic Communications Privacy Act of 1986

Deals with three areas: Wiretaps and bugs, Pen registers, Tracing devices

Key areas of concern

Educate officers about infectious diseases, Prevent spread of disease in lockups, Ensure nondiscriminatory enforcement activities and lifesaving measures

Weeks v. U.S. (1914)

Established the Exclusionary Rule at the federal level; illegally obtained evidence cannot be used in court.

latent evidence

Evidence of relevance to a criminal investigation that is not readily seen by the unaided eye.

Reasonable Suspicion

Evidence that justifies an officer in stopping and questioning an individual believed to be involved in criminal activity

National Use of Force Data Collection

FBI online portal to collect use of force data from agencies around the US

4th Amendment

Freedom from unreasonable searches and seizures

Non-testimonial evidence

Generally physical evidence, Issue complicated when personal kinds of evidence considered

electronic evidence

Information and data of investigative value that are stored in or transmitted by an electronic device.

internal affairs divisions

Investigates charges of wrongdoing against officers

psychological manipulation

Manipulative actions by police interviewers that are designed to pressure suspects to divulge information and that are based on subtle forms of intimidation and control.

Police Training Officer (PTO) program

Model for police field training

POST Program

Official program that sets standards for law enforcement officer training

what does police professionalism do

Places important limits on officer discretionary activities

Harris v. U.S. (1968)

Police may seize evidence without a warrant if it is in plain view of officer who has a right to be in that position

civil liability

Potential responsibility for payment of damages or other court-ordered enforcement as a result of a ruling in a lawsuit.

required reasons for emergency searches

Probable cause to believe evidence concealed on person being searched, Probable cause to believe threat of destruction of evidence, Officer lacked time to obtain a warrant, Search limited to minimum necessary to eliminate threat of destruction of evidence

Death in Custody Reporting Act (2014)

Requires law enforcement agencies to submit data about civilians who died during interactions with officers or while in custody

anticipatory warrants

Search warrants that anticipate presence of contraband or other evidence

definition of arrest

Seizure of a person that exceeds the bounds of a lawful investigative detention

Terry v. Ohio (1968)

Set standard for brief stop and frisk based on reasonable suspicion

qualified immunity

Shields officers from constitutional lawsuits if their conduct is seen as reasonable under the law (Saucier v. Katz)

meat eaters

Solicit bribes or take a share of the drugs they confiscate to sell for their own profit, etc., Initiate activity

key cases concerning deadly force

Tennessee v. Garner, Graham v. Connor

corruption

The abuse of police authority for personal or organizational gain

internal affairs

The branch of a police organization tasked with investigating charges of wrongdoing involving members of the department.

miranda triggers

The dual principles of custody and interrogation, both of which are necessary before an advisement of rights is required.

Police discretion

The exercise of choice by law enforcement officers in carrying out their official duties

digital criminal forensics

The lawful seizure, acquisition, analysis, reporting, and safeguarding of data from digital devices that may contain information of evidentiary value to the trier of fact in criminal events.

police subculture

The set of informal values that characterize the police force as a distinct community with a common identity.

inherent coercion

The tactics used by police interviewers that fall short of physical abuse but that nonetheless pressure suspects to divulge information.

police use of force

The use of physical restraint by a police officer when dealing with a member of the public.

miranda warnings

Warnings that police must read to suspects prior to questioning that advises them of their rights.

compelling interest

a legal concept that provides a basis for suspicionless searches when public safety is at stake

consent to search

a permissible warrantless search of a person, vehicle, home, or other location based on a person voluntarily granting permission for the search to take place

search incident to an arrest

a warrantless search of an arrested individual conducted to ensure the safety of the arresting officer

examples of discretionary decisons

decision to investigate/ apprehend, carrying out of official duties, applications of sanctions

detention v. arrest

detention means you aren't officially charged; arrest is when they're handcuffed and their movement is restricted.

building policing integrity

emphasize ethics training, reduce conflicts between written and unwritten policies

good faith exception

evidence seized on the basis of a mistakenly issued search warrant can be introduced at trial if all the parties involved had reason at the time to believe that the warrant was proper

illegally seized evidence

evidence seized without regard to the principles of due process

Most requirements relevant to police relate to three areas

evidence/investigation, arrest, interrogation

T/F Courts have never supported drug testing based on reasonable suspicion that drug abuse is/has been occurring

false

T/F Increasing training in police ethics is a not key element of professionalism

false

T/F Rate of violent death among law enforcement officers is very high

false

T/F you don't need a search warrant for inside a house

false

deadly force

force likely to cause death or great bodily harm

Gideon v. Wainwright (1963)

gives the right to have an attorney/ public defender in any court case

exclusionary rule

improperly gathered evidence may not be introduced in a criminal trial

Police Professionalism

increasing formalization of police work and the accompanying rise in public acceptance of the police.

The Telecommunications Act of 199

made it a federal offense for anyone engaged in interstate or international communications to engage in communications that are obscene, lewd, indecent, etc., with intent to annoy, abuse, threaten, or harass another person

IACP

model drug testing policy

can only use deadly force if

only justified if the individual reasonably believes he/she would suffer serious physical injury or death

main sources of police personality

pre-existing characteristics, socialization into police subculture

probable cause

reasonable cause for issuing a search warrant or making an arrest

Escobedo v. Illinois (1964)

right to legal counsel during interrogation

racial profiling

singling out an individual as a suspect due to appearance of ethnicity

causes of death in police work

stress, training accidents, auto crashes, and at the hands of offenders

excessive force

the application of an amount or frequency of force greater than that required to compel compliance from a willing or unwilling subject

why has NY's crime rate skyrocketed?

they have limited stop and frisk (Terry) stops

what is the purpose of garrity rights

to protect officers during questioning

Premeditated attacks on officers have escalated in the past few years

true

T/F Drug-testing programs are one way departments are trying to combat drug use by officers

true

T/F Low salaries received by officers may be a critical ingredient of the corruption mix

true

T/F reasonable suspicion provides basis for brief detention- not enough for arrest

true

less-lethal weapons

weapons designed to disable or immobilize rather than kill criminal suspects

public safety exception

when public safety is in jeopardy, police may question a suspect in custody without providing the Miranda warnings

in order to arrest someone for a misdemeanor an officer has to...

witness the event