POLICE LAW

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
Terry v. Ohio 392 U.S.1(1968)

• 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?

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
• Officers experience
• What is basis of Justice Douglasdissent?

8
Brown v. Texas 99 S.Ct. 2637 (1979)

• 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

9
Brown (cont.)

• None of the circumstances preceding officers
  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
Bostick (cont.)

• Whats 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