WEEK 1 NOTES Flashcards
Law Enforcement Ethics
Branch of Philosophy dealing with values relating to human conduct with respect to the rightness and wrongness of certain actions and to the goodness and badness of the motives and ends of such actions
- A system of moral principles. Code “A set of rules & standards adhered to by
a society, class, or individual.”
What is a failure to act ethically?
- Unethical conduct is police misconduct!
- Police misconduct is unethical conduct!
5 Rationalizations
- maybe employed by the officers involved prior to engaging in unethical conduct or after their participation in unethical conduct
- Denial of victim
- Moral justification
- Denial of responsibility
- Denial of injury
- Social weight
What Agency does THP Fall under?
Department of Safety and Homeland Security
What Agency does TLETA Fall under?
TN Department of Insurance and Commerce
- TLETA
- POST
- Fire Prevention/Arson Investigation
- Consumer Affairs
TN Department of Revenues
- Tax enforcement division
- Special Investigation
- Expired tags ***Over 80% of the States Revenue
- Administers state laws and Motor vehicle and Title laws
English Tradition
laws derived from common law
Early Settler
- Law Enforcement was no exception
o Posse Comitatus
o Hue and Cry - When crime was committed, bells and alarms
would sound. Volunteers in the community would come out to
help catch the criminal
o Kin Police (Predating 1866)
o Shire Reeve - Sheriff
o Shire - County
o Reeve - Administrative agent of a king
Punishable Crimes
o Murder - Hung
o Theft - Branded
o Public Intoxication - Pillar or Stock
o Counterfeiting - Hung
o Misbehavior on the Sabbath
o Adultery & Sodomy
o Witchcraft - Hung
o Contempt for Authority (Whipping & Flogging)
o Keeping a disorderly house
Watchmen
organized groups of men that literally kept watch during the night
Crime in Colonial America
Major Cities
o Constables
o Night Watch
o Watchmen
o Unpaid positions
1700s
- Mid 1749 watchmen restructured in Philadelphia
- In 1749 Philadelphia implemented a new system which paid the night watch out of city taxes and appointed a warden to oversee the watchmen
Municipal Policing Northeast
- Municipalities
- Boston 1838, New York 1845, Philadelphia 1855
- Fear of centralized authority
- Ethnic Influence
New York - The need for reform
- Metropolitan police act model 1829- Replaced constable and Watchmen
- The first model of Today’s urban police
- Bobby’s or Peeler’s
NYPD
- First Municipal Agency to Wear a badge
- Fulltime Salary
United States Marshalls
- President George Washington - Created US Marshalls
- Allan McClain first appointed US Marshall
Police Departments
- Lola Baldwin was the first female police officer in Portland, OR (1908)
- First Police Station Boston Police Dept. 1855
- Sir Robert Peel is the father of policing who wrote the Metro Police Act in 1829
- Roosevelt NYPD Commissioner age 37, aggressively pushed Police reform. Coined phrase “Fighting the war on crime”
- August Vollmer police chief of Berkeley for 23 years. First to use motorcycles and instill the IQ, psych, and poly tests prior to hiring
- COP = Community Oriented Policing
Steps in the court system
Arrest (P.C. to arrest) > General Session (P.C.) > Grand Jury (13 people = 12 jurors, 1 foreman if True Bill: indictment if no true bill free to go) > Trial (Conviction if beyond reasonable doubt) > Appeal/Criminal Appeal
Mittimus
Order in writing/court warrant that orders a law enforcement officer to legally deliver a person
Affidavit
Written sworn statement
Warrant
Written order from Magistrate commanding a person be arrested
True Bill
Indictment approved by Grand Jury
Capias
Document from Grand Jury authorizing arrest
Arraignment
Stage of the proceeding where defendant first appears before court with jurisdiction to try the case. Charge is read. Plea is entered. Bond may be set
Amendments
1st: freedom of speech, religion, press
2nd: right to bear arms
4th: right for people to feel secure in their persons, papers, property and effects against warrantless searches
5th: Due process clause, right against self-incrimination
6th: Right to a speedy trial in the same district as offense with a random jury, right to counsel
8th: Right against cruel and unusual punishment
Reasonable Suspicion
Supported by articulable facts
Probable Cause
Reasonable grounds to believe that a crime has been or is being committed
Beyond reasonable doubt
a belief that the defendant is guilty without a doubt
(Jury standard for convictions)
Arrest without a warrant
- Misdemeanor or felony has been committed in the officer’s presence
- A felony has occurred outside the officer’s presence and there is P.C. the person
being arrested committed it
- PC they committed a felony when they confessed to it
- Emergency detention: Anyone in mental/emotional distress with substantial
likelihood of serious harm to self or others can be detained
- Scene of an accident: Reckless driving DUI, other rules of the road
a. Hurt
b. $1,000 or more
c. DUI
- Domestic Violence
- The driver of the vehicle involved in a traffic accident up to 4 hours after and the officer
has probable cause to believe the driver has violated
- Probably cause to believe the offense of stalking 39-17-315 has taken place
- Accident - leaves the scene, arrest within 4 hours, and Probable cause for DUI
- 55-10-119 serious bodily injury or death, no license, no insurance
- Violated bond conditions
Arrest
to deprive a person of liberty by legal authority. Everyone is subject to arrest. Congress/legislators are immune from civil arrest (Municipal ordinances) but not criminal
Foreign Diplomats
(ministers, ambassadors, etc.) have diplomatic immunity
Must have an ID with # of the department of state
Domestic Violence 36-619
only misdemeanor you can arrest that has not taken place in your presence
TCA 38-3-116
Unattended children of arrestees. Must ask if they have children and who is caring for them. If they will be unattended contact DCS
Cite and Release per 40-7-118 EXCEPT
1- there is a likelihood crime will continue
2- false ID is given/refusal to sign cite
3- subject requests magistrate
4- intoxication causing lack of safety
5- warrant for arrest
6- medical admittance
7- likelihood of failure to appear
8-not arresting jeopardizes the case
TCA 40-7-107
To make an arrest, either with or without a warrant, the officer may break open any outer or inner door or window of a dwelling house if, after notice of the officer’s notice of authority and purpose, the officer is refused admittance
Felony: Crimes 1 year+ in Penitentiary
- A: 15-60 years, $50k
- B: 8-30 years, $25k
- C: 3-15 years, $10k
- D: 2-12 years, $5k
- E: 1-6 years, $3k
Misdemeanor: Crimes up to 11m 29d in county jail
- A: 11m 29d, $2,500
- B: 6m, $500 or both
- C: 1m, $50 or both
Words Matter
- Shall = Have to/Mandatory
- Should = Preferred
- May = Typically Discretionary
- Must = Shall Have to/Mandatory
Chapter 39: Criminal
- § 13: crimes against people
- § 14: crimes against property
- § 15: crimes against family
- § 16: crimes against government
- § 17: crimes against public health and safety
Title 55: Traffic Violations
- Chapter 8 operation of Vehicles — Rules of the Road
- Chapter 10 Accidents, Arrests, Crimes and Penalties
Search Warrants and Rule 41
Writs of assistance
o Search colonist homes and businesses
o Guise of untaxed goods
o Life of King + 6 months
o Could be used over and over
o Heavily abused
Intolerable acts to pay for war, used writs of assistance to search homes
- Boston Tea Party Dec 16, 1773
- Shot Heard round the world April 19, 1775
Expectation of privacy requirements
1- Actual (subjective) expectation of privacy
2- Expectation is one that society is prepared to recognize as reasonable
Magistrate
Chancery and Circuit judges have statewide jurisdiction to issue search warrants
Search Warrant
Must have 3 copies - 1 for judge, 1 for defendant, 1 for court
Exigent Circumstances
Reasonable suspicion of destruction of evidence or
officer/personal safety
Strip search: manipulation of clothing exposing any genitalia
- May be done with warrant/written consent
- Cannot be done on traffic, regulatory, or misdemeanor. Offense - except involving weapons, drugs, contraband
- Must be done by a medical professional
Exceptions to search warrants
- Mapp vs. Ohio: Any evidence found on a bad search warrant will be dismissed
- O.R.T. (Objective Reasonable Test): Were the actions of the officer reasonable
3 types of encounters
Consensual: Voluntary
- Mere suspicion (sense or hunch of criminal activity) to encounter
suspect
o Detain: keeping susp. at scene
- Reasonable (articulable) suspicion to hold suspect
o Arrest: Taking the susp. into custody for crime
- Probable cause (belief based on facts) to arrest suspect
Curtilage
Land that has a reasonable expectation of privacy (home, barn, etc.)
EXCEPTIONS to search warrants
- Consensual search
- Incident to arrest
- Plain view
- Terry frisk
- Open field
- Caretaker function
- Exigent circumstances
- Abandoned property
- Protective sweep- scope is anywhere a person may be found
Warrantless searches of motor vehicles
- Mere suspicion: to run a plate
- Reasonable suspicion: to pull over (detain) a vehicle
EXCEPTIONS to vehicle search warrants
- Consent
- Incident to arrest - cannot search unless evidence to that crime is articulable present
- Frisk - requires reasonable suspicion of weapon in scope = “grabbable
(Unlocked) area”
- Plainview
- Exigent circumstances - Carroll Doctrine (based on the mobility of vehicle,
requires PC)
- Inventory search - the purpose is to protect the arrestee’s property. Inventory
Plainview items unless given written consent to inventory compartments
Knock and Announce
No knock warrants are not legal in TN
- Let them know you’re there, marked cars, PA system
- 3-5 SECONDS is a reasonable time before entry
3 reasons for Knock and Announce
1- Protects officers
2- Protects inherent privacy effort in a home
3- Protects against needless destruction of property
Anticipatory Search Warrants
legal in TN (FedEx shipment of drugs example)
When 4th amendment violated
Exclusionary rule is triggered
- Evidence found is inadmissible
- Violation of civil rights under color of the law
- Reputation is tarnished, does not respect the law or is too lazy
How do I ruin or lose consent?
- Retaining ID
- Consent after original denial
- Overbearing or abusive police powers
- Psychological ploys
- Statement leading a party to believe they can’t refuse
- Consent obtained despite consenting party denial of guilt
- Consent after restraining or surrounding subject
- Telling that denial indicates guilt
- Telling then another has already given permission
Trial
Discovery, pretrial motions, plea bargaining, jury trial
Mere Suspicion
a hunch/feeling with no proof
