March 6, 2022

Based on US law for search and seizure? Open the first attachment which has the assignment? The second attachment scroll to se

this assignment is due tomorrow

Based on US law for search and seizure

Open the first attachment which has the assignment

The second attachment scroll to search and seizure. Use that and other information for assignment.

Please create and send me your paper detailing all the conditions under which law enforcement officers can conduct a lawful search and seizure. Please provide specific examples of each condition.

All written assignments must be created in an APA (American Psychological Association) format and sent as a Microsoft Word attachment. ("PDF," "Google docs," "Pages," or any other types of submissions will not be accepted and the assignment will result in only 1 point). All papers must be supported with a cover page, source citations and a reference page. Any written submissions that fail to include these will receive only "1" point. All written assignments are scored based on their content, structure, grammar, spelling, and punctuation. Late written assignments will not be accepted.

C J 2019

First Edition

Chapter 6

Oversight and Professionalism of Law Enforcement

Internal Procedures (Internal Oversight)

Law enforcement agencies have formalized comprehensive policies and procedures that prescribe the standards of professional conduct and the discipline for the violation of these standards. They are known as the Standard Operating Procedures (SOP Manual). This is a form of self-regulation/internal oversight.

Most departments have procedures whereby citizens may lodge complaints of criminal, abusive, or unprofessional behavior.

A citizen complaint board is a citizen review board that hears alleged complaints of police misconduct.

An office that conducts investigations of criminal, abusive, or unprofessional behavior by law enforcement officers within the department is known as an Internal Affairs Unit or Office of Internal Affairs.

External Oversight of the Police

In addition to self-regulation, law enforcement is subject to external oversight. The most significant sources of external oversight are laws and judicial decisions, especially U.S. Supreme Court decisions.

Laws provide direct oversight of law enforcement because it prohibits specific behaviors and requires certain behaviors.

Rules of Evidence

The police have the primary responsibility for detecting and investigating crime, gathering evidence to present in court, and arresting suspects.

Rules of evidence stipulate the requirements for introducing evidence and define the qualifications of an expert witness and the nature of the testimony he or she may give.

If evidence is not collected properly, it can be declared inadmissible, in which case it cannot be used against a defendant.

Rules of Evidence

Evidence can be declared inadmissible under the exclusionary rule, which prohibits the use of evidence or testimony obtained in violation of civil liberties and rights protected by the U.S. Constitution / (Weeks v. U.S.)

Mapp v. Ohio was the first case in which the U.S. Supreme Court applied the exclusionary rule to state courts.

)

Rules of Evidence

Fruit of the poisoned tree doctrine is a rule of evidence that extends the exclusionary rule to secondary evidence obtained indirectly in an unconstitutional search, established in Silverthorne Lumber Co. v. United States (1918) and in Wolf v. Colorado (1949)

Fruits of the Poisoned Tree Doctrine – illegally obtained evidence will be inadmissible in court

4th Amendment Right to Privacy – Medical Records, Reasonable Expectations of Privacy, Electronic Monitoring

SEARCH WARRANT (EXCEPTIONS)

Search Incident to Lawful Arrest – Search Warrant, Probable Cause

Plain View Searches – No warrant required if evidence is clearly visible; Harris v. United States

Consent to Search – Florida v. Jimeno

Search of Persons – Pat-Down Search, Stop and Identify

Search and Seizures (continued…..)

According to the Carroll doctrine, evidence obtained in the search of an automobile without a warrant is admissible in criminal court if both of the following take place:

A police officer has probable cause to believe that a crime has occurred

The circumstances are such that a delay in searching the automobile would result in loss of the evidence

Trained Dog Sniffing, Impounded Vehicles

Search and Seizure (continued…)

Public Safety Exception Search of Airline, Subway and Bus Passengers

Border Searches

School Searches – no expectation of privacy from school administrators

Pat-Down Doctrine – searches without a warrant to ensure the safety of officers, is legal (Terry v. Ohio)

Waiver of Miranda (Miranda v. AZ 1966)

Miranda pertains to interrogations and confessions (must have both custody and interrogation to apply)

It relates specifically to the 5th Amendment Right (self incrimination)

To be admissible, a confession must be given knowingly and voluntarily, it cannot be obtained as a result of threat or pain, and the suspect must be informed of his or her rights.

The Right to an Attorney

Because of concern that the rights of a suspect protect him or her from self-incrimination, the court has required that the suspect is entitled to have an attorney present when he or she is interrogated by the police, as well as in court.

If a person cannot afford an attorney, the duty of the state is to provide legal counsel.

Indigent defense is the right to have an attorney provided free of charge by the state if a defendant cannot afford one.

Relevant Penal Code Laws

Penal code 148. (a) (1) - Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician,, in the discharge or attempt to discharge any duty of his or her office or employment, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.

835PC – An arrest is made by an actual restraint of the person, or by submission to the custody of an officer. The person arrested may be subjected to such restraint as is reasonable for his arrest and detention.

835a – Any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonable force to effect the arrest, to prevent escape or to overcome resistance.

A peace officer who makes or attempts to make an arrest need not retreat or desist from his efforts by reason of the resistance or threatened resistance of the person being arrested; nor shall such officer be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance.

Two Types of Force

Deadly Force

The use of force that is likely to cause death or serious injury

Non-Deadly Force

Use of less than deadly force

Use of Force Continuum

Various Levels of Force

Verbal – https://www.youtube.com/watch?v=GqU0xqjfQ4w

Empty Hands – https://www.youtube.com/watch?v=HlpX1DwEB1k

Chemical agents – https://www.youtube.com/watch?v=apZQ0Bny9rc

Baton – https://www.youtube.com/watch?v=bNl__74Bz4E

Deadly force: https://www.youtube.com/watch?v=KT0KcenH_eQ&has_verified=1

https://www.youtube.com/watch?v=0kHVe1OtD4o

https://www.youtube.com/watch?v=v_9sZ0YlkvU

Rev. Maupin training – https://www.youtube.com/watch?v=yfi3Ndh3n-g

Rev. Maupin Debrief interview – https://www.youtube.com/watch?v=pAJXP0okzwk

Use of Force by Police

Fleeing-felon doctrine – The police practice of using deadly force against a fleeing suspect is prohibited, except when there is a clear and present danger to the public

The present legal position is that when there is a clear and present danger to the public posed by the escape of the person, deadly force may be justifiable.

Entrapment

Law enforcement often uses tactics in which they pose as providers or buyers of illegal substances or goods.

Entrapment is the illegal arrest of a person based on criminal behavior for which the police provided both the motivation and the means. (Jacobsen v. US 1992)

The U.S. Supreme Court has required that a criminal conviction cannot be contingent on entrapment.

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Based on US law for search and seizure? Open the first attachment which has the assignment? The second attachment scroll to se

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