Test 2 Flashcards
Bow street runners
Henry Fielding
- working for reward money
- “runners” would pursue felons across the country
- widely feared
• London Metropolitan Police
Sir Robert Peel
• Centralized police force of 1,000 me under the control of the home security
• August Vollmer
Father of modern professional police practices in the U.S
• began the first police school
Who does the majority of law enforcement in the country
Local PD
FBI
Investigates
Marshall service
Oldest agency
• provides security for federal courts
Secret service
- protects government officials (president)
- counterfeiting
- forgery crimes
- matters relating to national security
• ICE
US immigration and customs enforcement
Responsible for identifying and shutting down vulnerabilities in the nations: • border • economic • transportation • infrastructure security
1st US state police
Texas Rangers
• 8 major hypothesis about policing and crime
- number of police
- more cops = less crime - rapid response to 911
- shorter travel time to scene = less crime - Random patrols
- more perceive “omnipresence” of the police= deterrence of crime - Directed patrol
- mote precisely patrols concentrated in “hot spots” - Reactive arrests
- more arrests police make in response to reported or observed offenses = less crime - Proactive arrests
- the higher arrest rate of serious violent crimes
Ex. Police arrests because he is most likely to get a DUI - Community policing
- more and quality contact between citizens and police = more crime - Problem oriented policing
- the more police can identify and minimize promimate causes of specific patterns of crime = less crimes
Discretion
The implicit authority that an officer has to act on the basis of
• his professional judgement
• personal conscience
• Factors influencing discretion (7)
- background of officer
- characteristics of the suspect
- department policy
- community interest
- pressure from victims
- disagreement with the law
- available alternations
Cynicism
The belief yhat most peoples actions are motived solely by personal needs and selfishness
Blue curtain
The secretive, insulated police culture that isolates officers from the rest of society
Symbolic assailant
They are systematically trained and culturally reinforced to consider everyone a potential assailant
Danger
The possibility of confrontation is always there
Social isolation
Officers are treated differently by the public
Solidarity
“Us against them”
• to cope not only with law violators, but also the public in general
Police use of force
Use of physical restraint by a police officer when dealing with a member of the public
Excessive force
The application of an amount or frequency of force greater than that required to compel compliance from a willing or unwilling subject
Deadly force
Force that is likely to cause death or serious bodily crime
Tn vs Garner
Changed the way police can use deadly force
Graham V Connor
Objective reasonableness
• excessive or deadly force should be judged from the perspective of a reasonable officer on the sense and not with the benefit of 20/20 hindsight
Defense of life
Only when gave a probable cause to believe that the subject poses an imminent danger or death or serious physical injury to the agents / others
Fleeing subject
Committed a felony involving injury or death and escape would pose an imminent danger to agents / others
• cant shoot because they are running
Verbal warnings
Should be given before the use of deadly force, if doing so does not endanger agents
Warning shots
Agents may not fire warning shots
Vehicles
Agents may not fire weapons solely to disable moving vehicles
• can fire at vehicles occupants if they will cause serious bodily injury or death
Suicide by cop
Actions motivated by the offenders desire to commit suicide = justifiable homicide by officer
•Watchman style
- focuses on the maintenance of order
- very dependent on discretion
- found in declining industrial city, mixed racial/ethnic composition, blue collar, rural
• Legalistic style
- concentrates on enforcing laws
- requires little discretion
- large city government, mixed SES composition
• Service style
employs alternative strategies:
• Official warning or diversion programs
• discretion is used, but subject to formal review and evaluation
• middle class suburban community
• Problem oriented policy
- many crimes caused by existing social condition within the community
- attempts to involve citizens in crime prevention
- makes use of community
Zero tolerance policing
• punishment for every infraction of the law
Community policing
Collaborative effort between police and community
4th amendment
Unreasonable search and seizure
• fastest way to lose 4th amendment protection - consent
Consent
- voluntarily and have the legal ability to give
- no legal obligation to inform suspects about rights
- Florida v bostick
Legally seized evidence
Evidence seized without regard to the principles of due process
• Exclusionary rule
Incriminating material must be seized according to constitutional specifications of due process or it will not be allowed as evidence in a criminal trial
Weeks v US
Exclusionary rule at FEDERAL level
Mapp v ohio
Exclusionary rule at STATE level
Fruit of the poison tree doctrine
Excludes from introduction at trial any evidence later developed as a result of an illegal search or seizure
• silverthorne lumber co v US
Grabble area
Officers can only search physical areas within easy reach of the defendant during arrests
• chimel v california
• lunge rule
Good faith exceptions
Officers who conduct a search or who seize evidence on the basis of good faith and who later discover that a mistake was made may still use the seized evidence in court
• US v leon
• Probable cause
A set of fact and circumstances that would induce a reasonable intelligent and prudent person to believe that a particular other person has committed a specific crime
• total of circumstances
Harris v US
The ready visibility of objects that might be seized as evidence during a search by police in the absence of a search warrant
• dont need a search warrant if its in plain view
Horton v California
Officer must have a legal right to be in the viewing area
Emergency searches
A search without a warrant which is justified on the basis of some immediate and overriding need
• warden v hayden
Katz v US
Placing of a warrantless wiretap on a public phone booth constitutes an unreasonable search in-violation of the 4th amendment
Arrest
The act of taking an adult / juvenile into physical custody
Search incident to an arrest
A warrantless search of an arrested individual conducted to ensure the safety of the arresting officer
• US V Robinson
Terry V ohio
Reasonable suspicion
Michigan department of state police v sitz
Sobriety check points are reasonable as they are essential to the welfare if the community as a whole
Indianapolis v edmond
Cannot be used to “detect evidence of ordinary criminal wrong doing”
Florida V Riley
An officers naked eye observation from the vantage point of a helicopter did not constitute a search requiring warrant
Kyllo v US
The use of thermal imaging as a search function is not a viable reason for a warrant
Ripey v California
Warrantless search exception following an arrest exists does not apply in the search of digital data (cellphones)
(Violates the 4th amendment)
Illinois v Gates
Overruled Aguilar
• totality of circumstances
Police interrogation
The information- gathering activity of the police officers that involves the direct questioning of suspects
Brown v Mississippi
Cannot use direct coercion
Abuse
Escobedo v illinois
(Lawyers)
- when suspect asks for an attorney, they must get one
Miranda Warnings
The advisement of rights due criminal suspects by the police before questioning begins
Ex. “You have the right to remain silent”
Miranda v Arizona
Have to issue rights while arresting them
* only required for
questioning/interrogation
Brewer v William’s
Waiver of rights
Fitzpatrick v New York
Inevitable - discovery
New York v Quarles
Public safety
Line up
Requests to look at a group of people to choose a suspect
Show up
On the scene of the crime - just shows one suspect
1 reason people are falsely accused & sent to jail
Eye witness misidentification
Domestic terrorism
Terrorism WITHOUT any foreign impact
International Terrorism
Terrorism WITH any foreign impact
US Patriot Act
????
Seeks to further close US borders to foreign terrorists and detain and remove terrorists within our borders
