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