Criminal Justice Exam 2

Police Organization`

federal, state, county, local

J. Edgar Hoover

first director of fbi until his death

Robert Peel

formed Metropolitan Police, first organized police force in London. Among first to call for more than just a crime fighter role for officers. Identified nine principles of policing

silverthorne lumber co v united states

fruit of the poisonous tree - The two owners of Silverthorne Lumber Company (Silverthorne) (defendant) were arrested. While detained, federal officers went to Silverthorne's office and, without a warrant or any authority, collected books, papers and documents. The district court held that all the materials had been seized in violation of Silverthorne's constitutional rights. the exclusionary rule extents to fruit of the poisonous tree or derivative evidence

Knapp Commission

group that conducted an investigation into police corruption in NYC in the early 1970s and uncovered a widespread network of payoffs and bribes

Probable Cause Stew

high crime area, time, location, who, weapons, criminal tools, run and hide, lying, personal experience

Warden v. Hayden (1967)

hot pursuit - When the police arrived at residence of suspected robber, Mrs. Hayden allowed them to search the house without a warrant. The police found Bennie Joe Hayden and clothes matching the description as well as a shotgun and a pistol. hot pursuit authorizes the police to dispense with the Fourth Amendment warrant requirement

Tithings

in medieval england, a collective group of 10 families that pledged to help one another and provide mutual aid

Hue and Cry

in medieval england, a loud cry calling for the pursuit and capture of a criminal

stop and frisk

two separate acts. requires officer to have reasonable suspicion

Requirements of lawful Searches and Arrests

warrant is required when arrest or search happens in private home or private property or a minor offense committed out of view of officer. for warrant you need probable cause, particularity (which items to be seized), and neutral and detached magistrate(judge)

minnesota v olson

warrant-less search, suspect escape - Police entered a home where suspect was an overnight guest without a warrant. in the absence of hot pursuit, if there is danger that the suspect will escape, police can enter private property and arrest the suspect without a warrant

The US Patriot Act

*enacted after 9/11, 2001 *enables federal authorities to detain indefinitely noncitizens who are threatening the country *enables federal authorities to engage in more extensive surveillance and wiretapping domestically

Metropolitan Police Principle 3

3. Police must secure the willing co-operation of the public in voluntary observance of the law to be able to secure and maintain the respect of the public

Police Personality and Operational styles

4 basic styles crime fighter - most important aspect is investigating serious crimes and catching criminals. focus on victim and protecting social agent - believe police should be involved in many things, view themselves as community problem solvers rather than criminal catchers law enforcer - play it by the book. see police role as one of enforcing all rules and ordinances. devoted to professionalism. watchman - emphasis on maintenance of public order. ignore infractions unless they believe public or social order is jeopardized . take action if and when a problem arises. very laid back. only care about paycheck rather than crime rates.

Metropolitan Police Principle 4

4. The degree of co-operation of the public that can be secured diminishes proportionately the necessity of the use of physical force

Metropolitan Police Principle 5

5. Police seek and preserve the public favor not by catering to public opinion by constantly demonstrating absolute impartial service to the law

Escalation of Force from verbal to Deadly, Police Discretion - Use of Force Guidelines,

1) complain (cooperative) - verbal commands 2) resistance (passive) - contact controls 3) resistant (active) - compliance techniques 4) assaultive (bodily harm) - defensive tactics 5) assaultive (serious bodily harm/ death) - deadly force

categories of police stress

1) external stressors - such a verbal abuse from the public, justice system inefficiency, and liberal court decisions that favor the criminal 2) organizational stressors - such as low pay, excessive paperwork, arbitrary rules, and limited opportunity for advancement 3) duty stressors - work overload, boredom, fear, and danger 4) individual stressors - discrimination, marital difficulties, and personality problems

Metropolitan Police Principle 1

1. The basic mission for which the police exists is to prevent crime and disorder

Metropolitan Police Principle 2

2. The ability of the police to perform their duties is dependent upon public approval of police actions

Metropolitan Police Principle 6

6. Police use physical force to the extent necessary to secure observance of the law or to restore order only when the exercise of persuasion, advice, and warning is found to be insufficient

The Statute of Winchester

A law, written in 1285, that created watch and ward system in English cities and towns and that codified early police practices Functions: 1)specified the creation of the watch and the ward in cities and towns 2) mandated the draft of eligible males to serve those forces 3)institutionalized the use of the hue and cry 4)required that citizens maintain weapons in their homes for answering the call to arms

The Omnibus Crime Control and Safe Streets Act

Also known as the Federal Wiretap act. This is a key law that restricts government wiretap authority. Requires court approval of all real-time eavesdropping on electronic communications.

Mollen Commission

An investigative unit set up to inquire into police corruption in NYC in the 1990s

Henry Fielding

Author of Tom Jones. Sought to clean up thief-taking (corrupt cops) system with his own group of monied police

George Wickersham

Chair of Wickersham Commission. conducted the first national investigation of the U.S. criminal justice system

Allan Pinkerton

Chicago's first police detective. founder of a famous American private detective agency (Pinkerton Detective Agency)

Pharaoh Hur Moheb

Established the first recorded police organization in Egypt around 1340 B.C.

katz v united states

DIGITAL FORENSICS definition of a search - Federal agents attached an eavesdropping device to the outside of a public phone booth used by Katz. Based on recordings of his end of the conversations, Katz was convicted for illegal transmission of wagering information. Katz challenged his conviction arguing that the recordings could not be used as evidence against him. The Court of Appeals rejected this point, noting the absence of a physical intrusion into the phone booth itself. a search occurs when a government actor infringes on a person's reasonable expectation of privacy

Police Training

Degree is not required for majority of police departments. 16% have a college requirement

fourteenth amendment

Due process of law. The definition of citizenship. Protects not just citizens but any person. The obligation of the states to uphold the privileges and immunities of United States citizens. The obligation of the states not to deny "the equal protection of the laws".Denial of any obligation to compensate former slave owners for the emancipation of their slaves

Warren Court

Earl Warren's Warren Court made a series of decisions that had a profound effect on the criminal justice system, the political system of the states, and individual rights.

Wickersham Commission

Founded by President Hoover to study U.S criminal justice system and make recommendations for improvement. They released these recommendations via volumes

Stephen Girard

He granted the city a considerable amount of money to create a capable police force in Philadelphia, PA in 1830

"Good Faith" exception to the Exclusionary Rule

If officers had reasonable, good faith belief that they were acting according to legal authority, such as by relying on a search warrant that is later found to have been legally defective, the illegally seized evidence is admissible under this rule

Probable Cause

Information or knowledge that would leave a reasonable person to believe a crime has been /is being/is about to be committed

Chimel v California

Issue - Search incident to arrest Local police officers went to Chimel's home with a warrant authorizing his arrest for burglary. Upon serving him with the arrest warrant, the officers conducted a comprehensive search of Chimel's residence. The search uncovered a number of items that were later used to convict Chimel. State courts upheld the conviction. police may search a suspect after a lawful arrest

Brigham City v Stuart

Issue - Warrantless Search, threats to occupants Police saw brutal fight at party. They entered home and made arrests. If police have a reasonable basis to believe occupant of a dwelling is seriously injured or threatened with injury, they may enter without a warrant

California v Greenwood

Issue - abandoned property Local police suspected Billy Greenwood was dealing drugs from his residence. Because the police did not have enough evidence for a warrant to search his home, they searched the garbage bags. The police uncovered evidence of drug use, which was then used to obtain a warrant to search the house. That search turned up illegal substances, and Greenwood was arrested on felony charges. abandoned property does not enjoy 4th amendment protection

Alabama v White

Issue - anonymous tips Anonymous caller told Alabama police that Vanessa Rose White had cocaine in her car. Following that tip, police followed Vanessa Rose White and pulled her over. They found drugs. An anonymous tip can help provide probable cause for a warrant, provided the tip is corroborated by independent police work

Carroll v United States

Issue - car searches Police arrested Leon Carroll on warrant for violating local lottery laws and conspiring to run a lottery. Carroll filed pre-trial motion to suppress evidence found at the time of arrest. The district court granted the motions, citing a lack of probable cause. The U.S. Court of Appeals reversed, holding that the order for suppression of evidence was appealable. police may search car without warrant provided they have probable cause

Breithaupt v Abram

Issue - drawing blood form suspects Breithaupt was killed three men with auto collision while drunk. The primary evidence was a blood test showing his blood alcohol content at 0.17 percent. Breithaupt argued that this blood sample, which was obtained while he was unconscious due to his injuries, was illegally obtained and thus should have been excluded. Police can seize blood sample from suspect without warrant, provided they have probable cause to do so

Aguilar v Texas

Issue - informants Houston police officers applied for a search warrant to look for narcotics in the home of Nick Alford Aguilar. In support of their search warrant application, officers submitted affidavits explaining that they had received information from a confidential informant. If police use informants to devlop probable cause to obtain a warrant, they must show why the informant should be believed and how the informant obtained their knowledge

LEAA

Law Enforcement Assistance Administration federal agency that provided technical assistance and hundreds of millions of dollars in aid to state and local justice agencies

LEEP

Law Enforcement Education Program Created by President Johnson. program to fund college-level criminal justice education

ninth amendment

Natural rights amendment. controversial. If the law doesn't specify or prohibit any particular thing, it's a right the people maintain. Freedom of choice and thought.

August Vollmer

One of the most famous police reformers of the time. Authored Wickersham Commision Report Vol. 14, 'The Police', where he discussed ways to professionalize the police.

POST

Peace Officer Standards and Training The official program of a state or jurisdiction that sets standards for the training of law enforcement officers

Metropolitan Police Principle 8

Police should always direct their action strictly towards their functions and never appear to usurp the powers of the judiciary

Metropolitan Police Principle 7

Police, at all times, should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and the public are the police; the police being only members of the public who are paid to give full-time attention to the duties which are incumbent on every citizen in the interests of community welfare and existence

POP

Problem Oriented Policing a style of police management that stresses proactive problem solving instead of reactive crime fighting

Metropolitan Police Principle 9

The test of police efficiency is the absence of crime and disorder, not the visible evidence of police action in dealing with it

Dirty harry syndrome

Throughout the film his Harry crosses all ethical and professional rules in order to get the bad guy. While doing so he appears as being this bad ass guy who is above the law. The film has led to what is known as the Dirty Harry syndrome in real life. Based on the portrayal of police work in the movie, individuals have sought out working in law enforcement just to be like inspector Callahan, which has the potential to cause problems in the real world. The problem is that real law enforcement work isn't all that glorifying as they make it look in the movies, and with so many movies out there, the public perception is beginning to change to the wrong kind.

what is the purpose of policing?

To protect life and property/maintain public order

community policing

a law enforcement program that seeks to integrate officers into the local community to reduce crime and gain good community relations. it typically involves personalized service and decentralized policing, citizen empowerment, and an effort to reduce community fear of crime, disorder, and decay.

Exclusionary Rule

a law that prohibits the use of illegally obtained evidence in a criminal trial

Hot Pursuits

a legal doctrine that allows police to perform a warrantless search of premises where they suspect a crime has been committed when delay would endanger their lives or the lives of others and lead to the escape of alleged perpetrator

Homeland Security

a national effort to prevent terrorist attacks within the United States and reduce the country's vulnerability to terrorism.

harris v united states

a police officer searched an impounded car held as evidence of a robbery. The search completed, the officer opened the car door for the purpose of rolling up a window and thus protecting the car and its contents. On opening the door, the officer saw, exposed to plain view, the automobile registration card belonging to the victim of the robbery. This card was used as evidence in petitioner's trial. Established the Plain View Doctrine which essentially means that items in plain view may be introduced as evidence providing the officer was lawfully in a position to view them.

Lineup Procedures

a suspect is placed in a group for the purpose of being viewed and identified by a witness

Police Cynicism

belief that most peoples actions are motivated by personal needs and selfishness. found in all levels of policing. an officer who is cynic will be secretive and isolated from rest of society, producing blue curtain.

United States v. Matlock

co-occupant consent - Police arrested William Earl Matlock, a bank robbery suspect, in the front yard of the house where he lived. A woman, who lived with him, gave them permission to search the house, including the bedroom where Matlock lived, and let the officers inside. it is permissible for one co-occupant of a dwelling to give consent to the police to search the premises in the absence of the other occupant, as long as the person giving consent shares "common authority" over the property and no present co-occupant objects

schneckloth v bustamonte

consent - A police officer stopped a car that had a burned out license plate light and headlight. There were six men in the car, including Bustamonte. Only one passenger had a drivers license, and he claimed that his brother owned the car. The officer asked this man if he could search the car. The man said, "Sure, go ahead." Inside the car, the officer found stolen checks. if a suspect consent to a search, the officer does not need a warrant or probable cause, but such consent must not be the result of duress or coercion

President Lyndon Johnson

created presidents commission on law enforcement and administration of justice (the crime commission)

miranda v arizona

custodial interrogation - Ernesto Miranda was arrested and brought to the police station where he was questioned by police officers for a kidnapping and rape. After two hours of interrogation, the police obtained a written confession from Miranda. The written confession was admitted into evidence at trial despite the objection of the defense attorney and the fact that the police officers admitted that they had not advised Miranda of his right to have an attorney present during the interrogation. suspects subjected to custodial interrogation must be advised of their Fifth Amendment privilege against self- incrimination

Use and Abuse of Discretion

discretion - the use of personal decision making and choice in carrying out operations in the criminal justice system. this can be selective enforcement of the law, such as not taking action on a bar serving drinks after hours. or arresting one suspect for disorderly conduct then escorting another suspect home.

Alfred the Great

english king that developed Police system called "mutual pledge" that served as form of community self-protection First level - Tithings Second - Hundred Third - Shires

Fruit of the poisonous tree

evidence obtained from a search that violates the exclusionary rule (evidence that is obtained illegally)

Weeks v. United States

exclusionary rule, federal court - Police entered the home of Fremont Weeks and seized papers which were used to convict him of transporting lottery tickets through the mail. This was done without a search warrant. Weeks took action against the police and petitioned for the return of his private possessions. evidence obtained in violation of the fourth Amendment is not admissible in a federal criminal trial ( the exclusionary rule is created)

United States v. Leon

exclusionary rule, good faith - Leon was the target of police surveillance based on an anonymous informant's tip. The police applied to a judge for a search warrant of Leon's home based on the evidence from their surveillance. A judge issued the warrant and the police recovered large quantities of illegal drugs. Leon was indicted/ A judge concluded thatthere was no probable cause for said search warrant. Thus, the evidence obtained under the warrant could not be introduced at Leon's trial. evidence obtained with a less than adequate search warrant may be admissible in court if the police officers acted in good faith when obtaining court approval for their search

segura v united states

exclusionary rule, independent source - evidence that has been discovered by means that do not violate a constitutional right will be admissible

Nix v williams

exclusionary rule, inevitable discovery - Williams was arrested for the murder of a ten-year-old girl. During the search for the body, Williams made statements to the police (without an attorney present) which helped lead the searchers to the child's body. The defendant's Miranda rights were only read to him after his arrest. evidence obtained through an unlawful search or seizure is admissible in court if it can be established, to a very a degree of probability, that police investigation would be expected to lead to the discovery of the evidence

mapp v ohio

exclusionary rule, states - Mapp was convicted of possessing obscene materials after an admittedly illegal police search of her home for a fugitive. evidence obtained in violation of the Fourth Amendment is not admissible in a state criminal trial (the exclusionary rule applies to the states)

florida v bostick

issue - consent to search on bus Terrance Bostick, a passenger, was questioned by two officers who sought permission to search his belongings and advised him of his right to refuse. After obtaining Bostick's permission, the officers searched his bags, found cocaine, and arrested him on drug trafficking charges. drug enforcement officers, after obtaining consent, may search luggage on a crowded bus without meeting 4th amendment requirements for search warrant or probable cause

hudson v michigan

knock and announce Booker T. Hudson was convicted of drug and firearm possession. The police had a search warrant, but failed to follow the Fourth Amendment "knock and announce" rule which requires police officers to wait 20-30 seconds after knocking and announcing their presence before they enter the home. evidence need not be excluded bc police failed to announce their presence when serving warrant

Coolidge v New Hampshire

plain view doctrine When the police applied for a warrant to search suspect Edward Coolidge's automobile. Additionally, local police had taken items from Coolidge's home during the course of an interview with the suspect's wife. Coolidge was found guilty and sentenced to life imprisonment. poilice can search for and seize evidence without benefit of a warrant if it is in plain view

fourth amendment

police have to have probable cause before arrest or search/confiscation of property. Information or knowledge that gives reasonable proof a crime has been/is about to be committed

Police Culture

police officers have an independent and unique culture, which insulates officers from the rest of society. police culture is largely developed from on the job experiences, and results in cynicism, clannishness, secrecy. results in 'blue curtain'

seventh amendment

private wrongs. Lawsuits. Civil matters not criminal matters

eighth amendment

protection against cruel and unusual punishment. bail should be reasonable.

fifth amendment

protection against self-incrimination. Right to remain silent. You don't have to confess. you cannot be tried twice for the same crime. Mentions "due process of law" but is NOT due process of law amendment - this is the 14th amendment.

first amendment

protects freedom of speech, freedom of religion, freedom of assembly, freedom of the press, and right to petition. freedom of self expression.

Pro's and Con of Profiling

race and gender influences officers behavior directly. police officers can be better prepared and ready for confrontation, but they can also make assumptions.

third amendment

restrictions on the quartering of soldiers in private homes without the owner's consent. It forbids the practice completely during peacetime

thirteenth amendment

result of civil war. Putting someone in jail does not = slavery

second amendment

right to bear arms

kirby v illinois

right to counsel in lineups - Without an attorney present, police asked Shard if Kirby and Bean were his robbers. Shard instantly gave a positive identification. before filling of formal charges, a lineup is not considered a critical stage of prosecution therefore no right to counsel (right to counsel=after formal charges are filed)

United States v. Wade

right to counsel in lineups - Billy Joe Wade was arrested and indicted for robbing a federally-insured bank. Without giving notice to Wade's counsel, an FBI officer set up a lineup for two bank employees including Wade and several other prisoners. The employees identified Wade as the robber. Wade's counsel moved to strike the identifications because the lineup violated Wade's Fifth Amendment privilege against self-incrimination and his Sixth Amendment right to counsel. the accused has the right to have counsel present at a post-indictment lineup

sixth amendment

right to know charges against you. Tried by fair judge/honest jury. Right to face accuser, call witnesses on your behalf, quick speedy trial, right to attorney.

oliver v united states

search of an open field acting on tips, police found marijuana field on ray e. olivers farm. sign said 'no trespassing'. open fields do not enjoy 4th ammendment protection

payton v new york

search warrant requirement - The police forcibly entered Payton's home thinking he was there (he was not) and found evidence connecting Payton to murder. the fourth Amendment prohibits warrant-less, non-consensual entry into private property for the purpose of make an arrest

Blue Curtain

secretive insulated police culture that isolates officers from the rest of society. police officers band together in subculture characterized by cynicism, clannishness, secrecy, and insulation

tenth amendment

states rights amendment. States have rights to establish things

terry v ohio

stop and frisk - Terry and two other men were observed by a plain clothes policeman in what the officer believed to be plotting. The officer stopped and frisked the three men, and found weapons on two of them. Terry was convicted of carrying a concealed weapon and sentenced to three years in jail. an officer may stop and frisk a person if her or she has reasonable suspicion that criminal activity is afoot

impact of police fatigue and stress

stress leads to negative attitudes, burnout, loss of enthusiasm and commitment, substance abuse, divorce, health issues, and other problems. police officer who is fatigued may be at higher risk of acting inappropriately or being injured on the job

Plain View Doctrine

the principle that evidence in plain view of police officers may be seized without a search warrant