Unit 2 Police Professionalism General Qualities of Professionalism An occupation that requires extensive training The mastery of specialized knowledge An occupation that requires some form of accreditation certification An internal set of standards of performance and behavior Aspirations to high ideals such as altruism honor integrity respect or licensing and excellence A code of ethics to which members are held accountable Self regulation in terms of accountability to the professional standards of the occupation Most recognize the Law Enforcement Code of Ethics as publicized by the International Association of Chiefs of Police as the standard of behavior to which all officers should aspire Internal Procedures and Personnel Three internal strategies used by law enforcement for detecting correcting and disciplining unprofessional behavior 1 A rigorous procedure for selecting and training new recruits 2 A well developed internal standard of professional behavior 3 Form strategies for detection and punishment of violations of professional behavior Standard operating procedures SOP Unit 2 Law enforcement agencies have formalized comprehensive policies and procedures that prescribe the standards of professional conduct and the discipline for violation of these standards Citizen complaint board misconduct Internal Affairs Review board that hears alleged complaints of police An office that conducts investigations of criminal abusive or unprofessional behavior by law enforcement officers within the department External Oversight of the Police Laws provide direct oversight of law enforcement because it prohibits specific behaviors and requires certain behaviors Judicial decisions provide indirect oversight of law enforcement Procedural law is a body of laws for how things should be done at each stage of the criminal justice process Rules of Evidence Mapp v Ohio First case where exclusionary rule was applied The Exclusionary Rule can t violate civil liberties Fruit of the Poisonous Tree Search and Seizure Unit 2 4th Amendment Right to Privacy Medical records reasonable expectations of privacy electronic monitoring Search Incident to Lawful Arrest Search Warrant Probable Cause Plain View Searches No warrant required Harris v United States Consent to Search Florida v Jimeno Search of Automobiles Carroll Doctrine Trained dog sniffing impounded vehicles Search of Persons Pat down search stop and identify What about your car Carroll doctrine over the data Trained drug sniffing dogs can sniff anyone once they are pulled GPS police cannot attach GPS s to suspect s belongings Police can however get already installed personal GPS s with a warrant and use Impounded fair game for search What about you Terry v Ohio Pat down search can pat down suspicious individuals for their own safety or anyone that has been arrested there are limits also has to be visibly evident Stop and frisk practices in NY being called unconstitutional because of lack of suspicion being used in racially biased manner Unit 2 Stop and identify You have to tell police your name Body cavity search Police have to get a search warrant for anything Exceptions to the Warrant Requirement Public safety exception Police can search for example malls for Search of airline and bus passengers can be searched not stripped invasive public safety for public safety Search of subway passengers Border searches School searches Good Faith Exception Officer has subjective good faith that they were lawful and is under reasonable circumstances officer not knowing law is not and excuse Ex Judge misspells address on search warrant PO goes to house and searches Issues of Privacy Wiretapping A form of search and seizure of evidence involving communication by telephone Must have consent probable cause or a Electronic Communication Law enforcement officers generally must satisfy stringent requirements before they can obtain information transmitted electronically or stored in computer databanks such as warrant stored e mails Unit 2 Homeland Security The USA PATRIOT Act presidential executive orders and other legislation have significantly altered the limits of the power of law enforcement to perform searches Incarceration Inmates lose all privacy Initiating a Lawful Arrest Arrest warrant issued by the Court An observed violation of the law Exigent circumstances Probable cause Interrogation and Confessions Fifth amendment person taken into custody must be given Miranda Rights if you confess before they are read confession is admissible Sixth amendment Right to effective assistance of counsel right to a GOOD ENOUGH lawyer Police Lineups Lineups must be fair however and must meet the following requirements Suspects have the right to have an attorney present A lineup must include suspects who are similar and match the description given by the witness A lineup must include actual suspects and not police personnel A lineup must include people who are known to the police not be capable of being the offender Unit 2 Police Misconduct Use of force Corruption and criminal behavior Cops who take bribes Meat eaters ask for bribes Grass eaters may not ask for bribe but might take it if asked Racial profiling Prejudice outlawed High speed vehicle pursuits Often result in innocent deaths not Entrapment Officers cannot provide a person with the motive and means to crime Ex Snapped TV show Use of Force Continuum in order from highest to lowest force Deadly force Impact devices batons Conducted Energy Devices TASERs Chemical Agents mace and Hard Empty Hand Tactics Empty Hand tactics Verbal commands The Court System Foundation of the Judicial System The jurisprudence system of the United States was influenced primarily by Justinian Code developed under Roman Emperor Justinian I Unit 2 Napoleonic Code designed by Napoleon Bonaparte to unify the laws of his empire Common Law of Great Britain Dual Court System Article 3 Section 2 Federal U S Courts of Appeals U S District Courts U S State State Court of Last Resort Intermediate Courts of Appeals Trial Courts of General Jurisdiction Courts of Limited Magistrate Courts Jurisdiction 10th Amendment States that powers specifically delegated to the federal government are reserved for the states 11th Amendment Prohibits a citizen from one state from suing the government of another state in federal court Civil vs Criminal Law Broad Differences Scope Burden of proof Who pursues the case Type of punishment Name of the case Outcome
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