POLICE LAW & SOCIETYPOLICE LAW & SOCIETY

What are the distinct characteristics of police in U.S. society?

Police play multiple roles

Law prescribes parameters of police practice

Distinct CharacteristicsDistinct Characteristics

Function as a paramilitary organization– Armed, uniformed– Power to deprive citizen of liberty– ???

Multiple RolesMultiple Roles

Law enforcerCrime preventionSocial assistanceInformation provider

Law and PoliceLaw 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

Fourth AmendmentFourth 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.

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

Terry (cont.)Terry (cont.)

Not a lawful search because no probable cause

BUT ok as limited search for weapons Stop and friskLegitimacy determined on a case by case

basisOfficer’s experienceWhat is basis of Justice Douglas’dissent?

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

Brown (cont.)Brown (cont.)

None of the circumstances preceding officer’s detention of Brown justified reasonable suspicion that he was involved in criminal activity

Florida v. Bostick Florida v. Bostick 111S.Ct.2382 (1991)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

Bostick (cont.)Bostick (cont.)

What’s 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