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POLICE LAW & SOCIETY

POLICE LAW & SOCIETY. What are the distinct characteristics of police in U.S. society? Police play multiple roles Law prescribes parameters of police practice. Distinct Characteristics. Function as a paramilitary organization Armed, uniformed Power to deprive citizen of liberty ???.

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POLICE LAW & SOCIETY

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  1. POLICE LAW & SOCIETY • What are the distinct characteristics of police in U.S. society? • Police play multiple roles • Law prescribes parameters of police practice

  2. Distinct Characteristics • Function as a paramilitary organization • Armed, uniformed • Power to deprive citizen of liberty • ???

  3. Multiple Roles • Law enforcer • Crime prevention • Social assistance • Information provider

  4. Law and Police • Courts determine what is proper and improper police conduct • Apply the concept that “the criminal must go free if the constable has erred” • Only evidence permissible in court is that which is gotten through proper legal channels and does not violate the 4th Amendment-Exclusionary Rule

  5. 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.

  6. Motion to suppress evidence-guns Behavior of police officer Issue-Did this search violate the 4th Amendment of the Constitution? A lawful arrest is one which is based on probable cause Was this is a search incident to a lawful arrest? If not, what was it and was it legal? Terry v. Ohio 392 U.S.1(1968)

  7. Terry (cont.) • Not a lawful search because no probable cause • BUT ok as limited search for weapons • Stop and frisk • Legitimacy determined on a case by case basis • Officer’s experience • What is basis of Justice Douglas’dissent?

  8. Issue-does it violate the 4th Amendment to detain a citizen for the purpose of requiring him to identify himself? Ct must balance public interest and the individual right to personal security free of arbitrary interference by law officers In this case, no probable cause to arrest Ruling-officers are required to have reasonable suspicion based on objective facts Brown v. Texas 99 S.Ct. 2637 (1979)

  9. Brown (cont.) • None of the circumstances preceding officer’s detention of Brown justified reasonable suspicion that he was involved in criminal activity

  10. Florida v. Bostick 111S.Ct.2382 (1991) • Does the Fourth Amendment permit random, warrantless searches by police on busses? • Precedent has held that this type of search is permissible in airports • These kinds of searches have been upheld as long as the reasonable person believes they are free to not cooperate

  11. What’s different about a bus and an airport seizure What is the State interest here? What is the individual interest? Officers lacked reasonable suspicion to justify seizure –evidence would have to be suppressed according to Exclusionary Rule No seizure if Bostick understood he could refuse and consented Mere police questioning does not constitute seizure Remanded to trial court Bostick (cont.)

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