The police have several powers to arrest individuals with or without a warrant. They can arrest without a warrant if they have reasonable suspicion that an individual has committed, is committing, or is about to commit an offense. They can also arrest for breach of the peace under common law. Arrest must be necessary, such as to investigate an offense, protect the public, or prevent a suspect from absconding. When arresting, police must inform individuals of their rights and give their name, station, and reason for arrest.
james.a.greeneSticky NoteShould be Essay 3 , Chapter 3 .docxvrickens
james.a.greene
Sticky Note
Should be Essay 3 , Chapter 3 -REFLECTION-BUSB-481-SD12
james.a.greene
Sticky Note
Should Read -BUSB-481-SD12 Strategic Management
Professor Richard Doyle
Essay 3, Chapter 3- Reflection
Hello and welcome to chapters 7 and 8 of the collapse of American criminal justice.
1
Lets begin with Chapter 7…Constitutional Law’s Rise: Three Roads Not Taken
2
Chapter 7 will be setting the stage for Chapter 7 will set the stage for Chapter 8, Earl
Warren’s Errors so please do not just view this lecture but be sure to do the readings.
3
Lets discuss the rise of the regulatory state (read slide)…But before we did too deep we will
need to briefly return to the Gilded Age…
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It was the character and failings of the Gilded Age which provide the impetus for the
regulatory state…So let us revisit what led to the end of the Gilded Age and what its impact
was
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As we discussed in our previous lecture Prohibition played a big role in ending the policing
style associated with the Gilded Era…It highlighted and exacerbated existing corruption and
also shined a light on the incompetence of local police in the face of organized criminals
and politicians in their pay.
This led to USAG George Wickersham to set some recommendations aimed at reducing
corruption. This included increased education and testing and of import to today’s
conversation on policing, civil service protections. For those of you following police
shootings you may often hear about the protections police enjoy via civil service and the
debate about getting rid of those protections. What is not mentioned is that these
protections were actually put in place to reduce corruption associated with the at will
employment model of Gilded Age policing. At will employment meant police could be fired
without cause and gave politicians immense power. It is interesting that today out of
concern over misconduct by police we are debating returning to a form of policing which,
in an earlier era, was abandoned because it encouraged misconduct…Why bother learning
from history when it is so much fun to make the same mistakes over and over…
And back to the Wickersham Commission ….the commission stated that Prohibition was
unenforceable….it some ways an impetus for getting rid of Prohibition was to reduce
opportunities for police corruption and help set the stage for a more professional police
6
force.
6
Coming out both the Wickershame Commission and also just from the experiences of the
Gilded Age their came to be a recognition that policing needed to be professionalized.
They should not be politicized, they should be well-trained and disciplined, laws should be
equally enforced and police should utilize new technology to increase efficiency.
7
These reforms led to the removal of the most obvious political influences. It also resulted
in improved policies and laws associated with policing, improved hiring standards, the civil
s ...
C H A P T E R 4Arrest and Stopunder the FourthAmendment.docxRAHUL126667
C H A P T E R 4
Arrest and Stop
under the Fourth
Amendment
Because the strongest advocates of Fourth Amendment rights are frequently criminals, it is
easy to forget that our interpretations of such rights apply to the innocent and the guilty alike.
—JUSTICE THURGOOD MARSHALL, United States v. Sokolow, 490 U.S. 1, 11 (1989)
171
CHAPTER OUTLINE
OVERVIEW OF THE LAW OF PERSONAL
DETENTION
Arrests and Investigative Stops
Detention to Investigate
Detention and Search during the Execution
of a Search Warrant
ARREST
Arrest and Police Discretion
Consequences of Arrest
Defining a Fourth Amendment Seizure and Arrest
Probable Cause to Arrest
The Use of Force
THE ARREST WARRANT REQUIREMENT
Arrest in Public
Arrest in the Home
Arrests and Searches in Third-Party Homes
SEARCH INCIDENT TO ARREST
The Scope of a Search Incident to Arrest
The Protective Sweep Exception
Searching at the Station House
STOP AND FRISK
Establishing the Constitutional Authority to Stop
The Sources of Reasonable Suspicion
Terry on the Streets
Terry on the Road
Terry in Tight Places
Terry at the Airport: Drug Stops and Drug Courier
Profiles
Terry and Canine Detection Cases
LAW IN SOCIETY: DOMESTIC VIOLENCE
AND ARREST
Changing Norms and Domestic Violence Laws
Impediments to Change: Police Discretion
and Domestic Violence
The Minneapolis Experiment and the Replication
Experiments
Mandatory Arrest: Policies, Polemics, and Findings
Mandatory Arrest: Empirical Studies
Conclusion
SUMMARY
LEGAL PUZZLES
JUSTICES OF THE SUPREME COURT: STALWART
CONSERVATIVES, 1938–1962: REED, VINSON,
BURTON, MINTON, AND WHITTAKER
Stanley F. Reed
Fred M. Vinson
Harold Burton
Sherman Minton
Charles E. Whittaker
KEY TERMS
arrest
arrest warrant
body cavity search
booking
brevity requirement
bright-line rule
class action
citizen’s arrest
companion case
custodial arrest
custody
drug courier profile
false arrest
field interrogation
“fleeing felon” rule
frisk
fusion centers
illegal arrest
in personam jurisdiction
in-presence rule
M04_ZALM7613_06_SE_CH04.QXD 1/11/10 5:21 PM Page 171
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OVERVIEW OF THE LAW OF PERSONAL DETENTION
Even a routine arrest—physically detaining a person—is a drastic event. For some people being
arrested, even when justifiably, is psychologically traumatic. For the police officer, a routine de-
tention may quickly escalate into a life-threatening episode, although firearms are not used in
99.8 percent of all arrests. Only 5.1 percent of arrests involve the use or display of weapons of
any type. Indeed, in 84 percent of all arrests, police use no tactics at all—the arrestees simply
submit.1 Nevertheless, all seizures of people are, by law, forcible detentions in that they are not
consensual.
Arrests and Investigative Stops
A police detention of a person can be lawful or illegal. Because liberty has priority in American
political theory and constitutional law, all detentions by government officers ...
5. By the end of this arrest, you will be able to: Explain when the police can arrest an individual with a warrant. Explain when the police can arrest an individual without a warrant. Understand how the common law powers of arrest for breach of peace operate. Describe the manner in which the police must arrest people! Evaluate these powers and how effective they are. Are these AO1 or AO2?
9. D’s conduct must clearly interfere with the rights of others & its natural consequence must be not wholly unreasonable violence
10. The conduct of the person to be arrested must not be unreasonable.Power One:Breach of the Peace Common law “an act done or threatened to be done which either actually harms a person, or in his presence, his property, or is likely to cause such harm being done” Do these common law powers apply to private premises? McConnell v CC of Greater Manchester (1990)
11. Power Two:Arrest with a warrant Magistrate’s Act 1980 s.1 Type of crime? Who issues it? How do you get the warrant?
12. Power Three:Arrest without a warrant SOCPA changed the powers hugely! Before, D could only be arrested for an arrestable offence s.110 SOCPA 2005 s.24 PACE 1984 As amended by rrdmue htfet ssoesspinofonabcnis rubylagr kitcetoutt Code G PACE 1984
13. NOW....? Can you complete the following tasks? Under the new section, the police can arrest, without a warrant: When can the police arrest a suspect now? What do you think of the changes? Why might they have been introduced? … although the police do retain a great deal of discretion over when to arrest or not.
15. ... In summary A police constable may arrest, without a warrant: Anyone who he reasonably suspects has committed, is committing, or is about to commit an offence; Look at the wording of s.24 as (amended). Does there actually need to be a crime?
16. Err... Isn’t that a little on the broad side?! That’s right, it is. And because the powers are broader, we need a limitation... Even if s.24 applies, the PC can only arrest if it is necessaryon reasonable grounds to arrest them on one of the following grounds... This is known as thenecessity test and is so important that it isn’t just in s.24, but also code G!
17. So when might an arrest be ‘necessary’ To discover the name or address of the suspect To prevent the suspect: Causing physical harm to himself or others Suffering physical injury Causing loss or damage to property Committing an offence against public decency Causing an unlawful obstruction of the highway. To prevent prosecution being hindered by the disappearance… To protect child or other vulnerable person To allow for the prompt & effective investigation of the offence or person’s conduct.
18. Are there any limitations under SOCPA 2005? AO2: Does the ‘necessary’ condition impose enough limitations? What is reasonable suspicion? When might an arrest not be necessary? “known facts or information” G v DPP 1989
19.
20. PC Bob sees Jane hit John in the fact with a fist, breaking his nose. He arrests Jane. At trial Jane is acquitted as it turned out she was defending herself after John tried to rob and assault her.
21.
22. You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence You do not have to say anything....
24. Plenary:Can you be arrested for the following? You are about to rob an old lady You have been identified (wrongly) as being involved in a murder You are drunk You tell the police your name is HRH Elizabeth Windsor You tell them that you live at 10 Downing Street, Westminster You urinate in the street
25. Starter:How much do you recall? The purpose of arrest is... a warrant, under s.24 PACE 1984 arrestable offences The common law power is... s.110 Serious Organized Crime and Police Act 3005 They may also arrest using a ... warrant, under s.1 Magistrates Act 1980 Finally, they can arrest without... Arrest in breach of peace Though this only used to be available for... Any offence But this changed under.... To allow the police to investigate behaviour and protect the public Which allowed them to arrest for...
26. Are these legal arrests? In groups of two or three, you are going to be given a scenario Decide whether or not you think it is a legal arrest and why!
27. Purpose of an arrest? Manner Common law powers Powers of the police to arrest... AO1 Brainstorm Arrest without a warrant? Arrest with a warrant Necessity
28. The End of Unit Question: Describe the powers of the police to arrest a person on the street [18] After an incident in which a man was stabbed and seriously hurt, a police officer grabs hold of Damon. When Damon protests, and asks why the police officer says, "You know what it's for." The police officer did not see the incident but was told by someone else at the scene that Damon was responsible. Advise Damon as to the lawfulness of his arrest. What can you tell me about the marks and demands of each of these questions?
30. After an incident in which a man was stabbed and seriously hurt, a police officer grabs hold of Damon. When Damon protests, and asks why the police officer says, "You know what it's for." The police officer did not see the incident but was told by someone else at the scene that Damon was responsible. Advise Damon as to the lawfulness of his arrest. [12]