POSC 130g 1st Edition Lecture 6 Current Lecture Police Use of Force 1 Beating of Rodney King a Multiple fractures of skull b Led to Amnesty International Investigation of LAPD first face finding mission in USA 2 Abner Louima case New York 1997 a Officers convicted their convictions overturned b not retried 1 new trial c Louima won civil judgment for 8 7 million 3 No double jeopardy issue with criminal and civil litigation 4 Police practices that raise questions a tasers pepper spray chokeholds hogtying Originally the Bill of Rights was only thought to limit action of the bill of rights not the state Yet the 14th Amendment relates to state action as well and provides that no state may deprive any person of life liberty or property without due process of law Since the law enforcement officials of the state count as state actions state criminal procedures are governed by the US constitution The rights that are in the Bill of Rights apply to the state implicit in the concept of liberty Another phrase the 14th Amendment only requires guarantees that are fundamental to the American scheme of justice The total incorporation approach argues that all the rights of the Bill of Rights are incorporated in the 14th amendment and therefore applicable to the state States are required to recognize every procedural right that the federal government must protect selective incorporation approach holds that no all rights enumerated are applicable but any aspect of right is so necessary to fundamental fairness that it applies to the state then all aspects of that right must apply Self incrimination Is it so important that it should apply to the state The court would need to look at it Approach the question in different ways Incorporation applies to both the rights apply to the states and the interpretations apply to the states is it including the exclusionary rule Interrogation C Police do not inform suspect Moran v Burbine 1986 Interrelationship of 5th and 6th amendment Chavez v Martinez 2003 Hospital interrogation No 5th amendment violation In pain in the hospital while the police are questioning him Is there a violation of the 5th amendment The court didn t hold it because he wasn t processed The right of incrimination Was the testimony used in any legal action Does it matter if they were used in testimony against him What if the police don t hold them accountable Does it give license to the police to do similar things in the future Warrants 1 Invalid warrants US v Leon 1984 good faith exception Supreme court has given more leeway to the police by creating exceptions Studies of the Miranda decision Yale believed that the Miranda didn t limit police as much as they thought Juveniles 1 In re Gault 1967 a making obscene phone calls b Due process for juvinelles logic of court s reasoning hinged on fundamental fairness due process needs to be part of justice system 2 Fare v Michael C 1979 a No 5th amendment violation b California Supreme Court said the 16th year old kid confession had to be excluded because he didn t have an attorney with him He asked to see probation officer but was denied This did not constitute to violate his rights to be silent and it was not excluded from the court 3 Yarborough v Alvarado 2004 a Whether juvenile was in custody at police station case involving murder b No special treatment because of age c Supreme Court denied the relevance of age 4 J D P v North Carolina 2011 a Supreme Court holds that students must receive Miranda warnings if questioned in schools Age matters here Overturning Miranda 1 Dickerson v US 2000 a Supreme Court upheld Miranda 2 Berghuis v Thompkins 2010 a Suspect must invoke right to remain silent b Silence during interrogation do not invoke his right to remain silent c Do you pray to God to forgive you for shooting that boy down d Thompkins replied yes after 3 hours of silence Constitutional Rights for Guantanamo inmates 1 Miranda warnings 2 Right to counsel Boumedienne did not explicitly extend 6th Amendment rights 3 Doesn t matter if they are citizens or not the rights still apply Surgical Searches and Bodily Integrity 1 Winston v Lee 1985 a suspected of attempting an armed robbery b surgical procedure to remove bullet c Is this an unreasonable search under the 4th amendment Can t make you undergo surgery 2 Rochin v California 1952 a stomach pump case b Violation of due process c Case where a man was at home and the police broke into his house he put a pill down and the police tried to get him to dislodge the capsule and took him to the hospital They wanted his stomach pumped to get the pills d It s conduct that shocks the conscious police force him to vomit morphine capsules to convict the man drag him out of the bedroom e Supreme Court said this violated due process before point and time of incorporation of 5th amendment Selective incapacitation tried to develop profiles according to which one could predict the criminal behavior of people It was designed to limit crime rate