POLICING

History of Policing

  1. Colonial era and early republic
    • Watch system and slave patrols
  2. Political era (1840-1920)
    • Sheriff and U.S marshals emerge
    • Corruption
  3. Professional model era (1920-1970
    • influenced by progressive movement
      • stopping corruption and enforcing all laws and merit based
  4. Community policing era (1970- present)
    • keeping order and providing services
    • crime deterrence

Types of Agencies

  1. Federal
    • FBI
    • DEA
    • IRS
    • ATF
    • U.S. Marshals
    1. State
    • state police
    • patrolling state highways
  2. Local
    • sheriffs
    1. Native American Tribal Police
    • Native American tribes law
    1. Municipal
    2. Special Jurisdiction
    • geographical

Requirements to be a LEO

  1. U.S. citizen
  2. meet age requirement
  3. high school diploma or G.E.D
  4. valid drivers license
  5. good health (physical & mental)
  6. meet physical endurance requirements
  7. 20/20 vision
  8. pass background check
  9. pass polygraph examination
  10. pass drug test
  11. pass written knowledge test

Training for LEOs

  1. 2 week session stressing weapon use
  2. 4 month academic program
  3. fieldwork
  4. learn socialization from other officers on the job

Police Working Personality

  1. danger
  2. authority

Issues in Policing

Police Discretion
discretion - to make wise choices in ambiguous situations as to how and when to apply the law


5 factors ;

  1. the nature of the crime
  2. relationship between alleged criminal and the victim
  3. relationship between the police and the criminal or the victim
  4. race, age, ethnicity, gender and class
  5. departmental policy

Use of Force
excessive force- Officers at all times must use some sort of force to make arrest, sometimes excessive force if the individual is fighting back


excessive use of force- applications of force against individuals by police officers that violates either constitutional rights by exceeding the level of force permissible and necessary in a given situation

Corruption
Long history in America

  • Grass eaters vs meat eaters
    grass eater- small corruptions ex. accepting free coffee
    meat eaters- big corruption ex. stealing from evidence/getting paid off

Active vs passive
active- looking for ways to illegally benefit themselves
passive- not actively looking to be corrupt but taking opportunities as they come along


Prevention- instilling senses of ethics and professionalism in both formal and informal training for officers
making punishments for corruption

Prevention/Resolutions for Corruption
Internal Affairs Unit- receives and investigates claims against officers
Civillian Review Boards- investagates police departments
Standards and Accreditation- requires that police actions meet nationally recognized standards. Private nonprofit corporation formed by the IACP, NSA, NOBLE and PERF
Civil Liability Lawsuits

Private Security

  • people with marginal qualifications for other occupations who end up accepting wages to stand guard outside factories and businesses

Why Private Security?

  • needs because companies recognition of the needs to protect assets and plan for emergencies, as well as problems with employee theft, computer crime, and other issues that require active prevention and investigation

Functions of Private Security

  1. Actively act as: police chiefs, fire chiefs, emergency-mangement administrators and computer security
  2. Hire, train and supervise expert personnel to protect companies, individuals and computer systems
  3. Investigate attacks on company computer systems and activities that threaten company assets
  4. Act as guards for companies/people

Use of Police Officers

  1. Departmental contact model- department assigns certain officers to certian private security jobs
  2. Officer contract model- officer picks their own private security job, but must ok it with the police department
  3. Union brokerage model- Union assigns private security jobs

Police and the Law

The Fourth Amendment

  • prohibits officers from undertaking "unreasonable search and seizures"

Plain View- If an officer can see something illegal in plain view, they have rights to search and seize the item


Reasonable Expectation in Privacy- The objective standard developed by courts for determining whether a government intrusion into a person or property constitutes a search because it interferes with the individuals' interests that are normally protected from government examination


A stop- Government officials interference with an individuals freedom of movement for a duration that typically lasts less than one hour and only rarely extends longer

The Fourth Amendment Cont.
Reasonable suspension- A police officers belief, based on articulable facts that would be recognized by others in a similar situation, that criminal activity is afoot and necessitates further investigation that will intrude on an individual's reasonable expectation of privacy


Tennessee Vs. Garner (1985)- Deadly force may not be used against an unarmed and fleeing suspect unless the officer has probable cause to believe that the suspect poses a significant threat of death or serious injury to others


Exigent circumstances- When there is an immediate threat to public safety or the risk that evidence will be destroyed, officers may search, arrest or question suspects without obtaining a warrant of following other usual procedures

The Fifth Amendment

  • Protection against self-incrimination

- Miranda Vs. Arizona (1966)- suspects in custody must be informed of their rights to remain silent and to be represented during questioning


"Public safety" exception- permits police to immediately question a suspect in custody without providing any warnings, if public safety would be jeporidized by taking the time to supply warnings

The Sixth Amendment

  • In all criminal prosecutions, the accused have the right to a speedy and public trial, by an impartial jury of the State and district where the crime has been committed, which district has been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.