Mainstream and Crosscurrents, Second Edition Chapter 6 Policing and the Law

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 2 What we expect of the police The police must develop an occupational culture that shapes their response to crime, offenders, and the criminal justice system.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 3 What we expect of the police Manning: The police have the tasks of crime prevention, crime detection, and the apprehension of criminal suspects in an efficient, apolitical, and professional manner.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 4 How the police work Watchman style Legalistic style Service Style

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 5 How the police work Watchman style Distinguishes between two mandates of policing: order maintenance and law enforcement. Involves discretion Preserving the social order is key

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 6 How the police work Legalistic style Concentrates on enforcing the law by writing more tickets, making more arrests, and encouraging victims to sign complaints. Requires little discretion

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 7 How the police work Service style Concerned with service to the community and citizens. Employs alternative strategies: official warnings or diversion programs. Discretion is used, but subject to formal review and evaluation.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 8 The Quasi-military Nature of Police Organizations According to Bittner, there are three reasons the military model is attractive to police planners…

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 9 Both the military and the police are in the business of using force. The introduction of military-like discipline in the 1950s professionalized police departments. The police lacked other models of organization. The Quasi-military Nature of Police Organizations

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 10 The major difference between military organizations and the police is discretion. The Quasi-military Nature of Police Organizations

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 11 The difference between the police and the military: Military: Important decisions are made at the top of the chain of command. Policing: Discretion is vested with the individual police officer The Quasi-military Nature of Police Organizations Police as Soldiers

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 12 What the Police Do Patrol Investigation Traffic enforcement Peacemaking and order maintenance

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 13 What the Police Do Patrol To deter crime Enhance feelings of public safety Make officers available for service

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 14 What the Police Do Patrol Four aspects of response time: Discovery time Reporting time Processing time Travel time

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 15 What the Police Do Investigation Detectives take over evidence gathering so that patrol officers can resume patrol. Photographers, crime-scene technicians, and others help detectives investigate the case.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 16 What the Police Do Traffic Enforcement Respond to accidents Detect drunk drivers Apprehend suspects Enforce traffic laws Traffic duties most often bring police officers into close contact with citizens

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 17 What the Police Do Traffic Enforcement

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 18 What the Police Do Peacemaking and Order Maintenance Domestic disputes Crowd control Vice Mental illness Juveniles First response

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 19 Rules the Police Follow Procedural law: Rules for the government “Tying the hands of the police”? The underlying values incorporated by the Constitution must be met.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 20 Rules the Police Follow Police discretion The police do not make an arrest every time they are authorized to do so.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 21  The criminal justice system could not effectively deal with so many cases.  The most serious offenders would be obscured by the mass of cases. Rules the Police Follow Police discretion

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 22 Rules the Police Follow: Police discretion Selective enforcement Pro Selective enforcement may result in less overall crime and less damage to citizens and property. Con Violates the idea of fair play. All suspects are not treated equally. Depends on discretion.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 23 Procedural laws and policing The Fourth Amendment Procedural law controlling the activities of law enforcement is derived from the Fourth Amendment.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 24 Procedural laws and policing The 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.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 25 Procedural laws and policing The Fourth Amendment Even though it constitutes only one sentence, the Fourth Amendment covers a lot of territory …

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 26 Procedural laws and policing The Fourth Amendment  Search  Special-needs searches  Seizures  Stop-and-frisk  Arrests

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 27 The Fourth Amendment Search  Trespass doctrine  Privacy doctrine  Plain-view doctrine  Open-fields doctrine  Public places  Abandoned property

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 28  Officers must have the approval of a judge to get a search warrant.  However, the court recognizes four major exceptions to the requirement that officers obtain warrants before conducting a search … The Fourth Amendment Search

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 29  Searches incident to arrest  Consent searches  Exigent circumstances searches or emergency searches  Vehicle searches The Fourth Amendment Search

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 30 The Fourth Amendment Special-needs searches  Inventory searches  Border searches  Airport searches  Searches of prisoners  Searches of probationers & parolees  Searches of students  Employee drug testing

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 31 The Fourth Amendment Seizures  The Fourth Amendment does not allow illegally seized evidence to be presented in court.  If the police intimidate a suspect so that he/she does not feel free to leave, an illegal seizure may be deemed under the Fourth Amendment.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 32 The Fourth Amendment Stop and frisk  Encompasses two distinct behaviors.  Stops are seizures.  Frisks are searches.  For a lawful frisk, a stop must meet the conditions of a lawful seizure.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 33  Actual-seizure stops involve officers physically restricting a person's freedom.  Show-of-authority stops involve officers showing their authority and the suspects submitting. The Fourth Amendment Stop and frisk

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 34 The Fourth Amendment Arrests  A higher standard of suspicion of guilt is required.  Requires that police have probable cause that the suspect committed a crime.  To use deadly force, the officer must believe the suspect to be a threat to others.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 35 The court recommends four restrictions on home arrests …  The crime should be a felony.  The police must knock and announce.  The arrest should be made in daylight.  The police must meet a stringent probable- cause requirement that the suspect is in fact at home. The Fourth Amendment Arrests

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 36 The Fourth Amendment Interrogation, Confessions, and the Exclusionary Rule Individuals have constitutional rights that must be respected in the questioning process. These rights stem from the Fifth, Sixth, and Fourteenth Amendments …

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 37  Fifth Amendment self-incrimination clause  Sixth Amendment right-to-counsel clause  Fourteenth Amendment due process clause The Fourth Amendment Interrogation, Confessions, and the Exclusionary Rule

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 38 Questions Why are the police patterned after the military style of organization? What do we mean by the term procedural law? Where in the US Constitution do we find the authority for our laws concerning searches?