Intro to Policing-Exam 2

-job security
-job benefits
-job advancement
-helping community
-early retirement

What are the motivations of becoming a police officer?

-Civil Rights Act
-Equal Opportunity Act
-Equal Pay Act

What acts are responsible for equal employment qualifications?

Equal Opportunity Act of 1972

more power than the Civil Rights act including power to investigate and litigate claims of violations of equal opportunity employment against employers, unions, and employment agencies
-educational institutions included
-federal, state, and local governme

bona fide occupational qualifications

job criteria must be related to the job

-compensatory or noncompensatory: depends on department
-written test
-background check
-oral interviews
-physical exam

What are the general selection processes for police officers?

-administrative activities (briefing, reports, crime alerts, return phone calls, filing citations)
-officer-initiated activities (traffic stops, running plates, Terry stops, visiting businesses)
-assigned calls for service (calls you are dispatched to)
-f

What are the common patrol activities of officers?

routine preventative patrol

general practice of driving around a patrol beat and making presence known to citizen's

directed patrol

freeing some officers from routine patrol so they can focus on specific locations/offenders/crimes
4 characteristics:
-proactive and aggressive
-unassigned time used for directed patrol
-officers instructed on how to focus their efforts
-instructions base

location-oriented patrol

a form of directed patrol that involves crackdown by saturating particular problem geographic areas

offender-oriented patrol

a form of directed patrol that is based on premise that a dew individuals commit disproportionate share of crime and should receive more attention

allocation by geography

deploy evenly across and area

allocation by hazard formula

deploy based on each type of crime given weighted score and each area is analyzed for incidence of crime

allocation by queing

deploy by combined calculation of probable demands for service with geographic location
-attempt to overcome subjectivity of hazard formula and tone-deafness of geographic model

allocation by prevention of crime

deploy by using mathematics and probability to maximize crime suppression
-attempt to identify probability of crime taking place and probability of intercepting crime in progress

basic allocation model: (N=[40/PTT9RS)]^2 x [(A)(WC)/7(S)])

N= average number of on duty officers
A= area
WC=coverage/week
PTT=average response time
RS=average response speed
s=shift length

police crackdowns

allocation of additional police resources to the enforcement of laws with the intent of deterring illegal content
-geographic or offense specific

foot patrol

second most common form of patrol, more common in larger departments
-implemented to reduce crime, fear of crime, and create more personal relationships with community
-research shows crime does decrease and community feels safer

offender focused strategies

strategies in which the police depend on criminal intelligence to identify high-rate offenders on whom the police then focus enforcement efforts
-has been shown to decrease violent crimes and violent felonies

criminal investigation

process of discovering, collecting, preparing, identifying, and presenting evidence to determine if a crime in fact occurred, what happened, and who is responsible

criminal evidence

knowledge or information that related to a particular crime or perpetrator
-evidence established is crime occurred and who committed particular crime

forensic science

field of science that addresses legal questions

sting

a police operation that involves an investigator posing as someone who wishes to buy or sell illicit goods, such as drugs or sex, or execute some other sort of illicit transaction

exculpatory evidence

form of evidence that clears suspect from blame

physical evidence

anything that has real substance that helps establish facts of case

trace evidence

evidence that is extremely small items

direct evidence

form of evidence that establishes proof of fact without any other evidence

indirect evidence

form of evidence where crime-related information in which inferences and probabilities are needed to draw an associated conclusion

circumstantial evidence

evidence that merely tends to incriminate someone

locard's exchange principle

when two objects come into contact with each other, there's always a transfer between them no matter how small

standard of comparison

object, measure, or model with which evidence is compared to in order to determine if they come from same source

class characteristics of evidence

features that place an item into a category

individual characteristics

features that distinguish one item from another of same type

hydraulic effect

all three parts of the system posses discretion and when one part of system uses discretion, it limits the discretion of the other parts

-laws are too vague
-police have limited resources
-community alienation (speeding tickets)
-individualize laws (juveniles)
-many violations are minor

why do we permit discretion?

-denial of due process
-denial of equal protection under the law
-poor community relations
-poor personal management
-poor planning and policy development

what are the concerns about discretion?

-officer characteristics (education, age, gender, experience, family)
-situational/contextual factors (mobilization, demeanor and attitude, gender, type of offense, presence of weapons)
-organizational factors (bureaucracy, shift work, culture)
-environme

what factors influence police discretion?

studies show that internal mechanisms like department policies and police supervision as well as external mechanisms like court cases and legislation have shown to control discretion

What do studies say about mechanism for controlling discretion?

stereotype

perception-oriented shortcut

valence

are inferences made of perceiver positive or negative

accuracy

do the inferences of perceiver match objectively measured qualities of group

deleware v. prouse

police need reasonable suspicion to make a stop

florida v. wells

police cannot use inventory searches as a pretext for investigation

whren v. US

if there is an objective basis for stop, court would not go into motives of the officer

reasonable suspicion

articulable facts that would lead a reasonable officer that a crime/infraction has possible been committed
<50%

probable cause

articulatable facts that indicate crime has likely been committed or being committed, or evidence of some exists and is located in particular place
>50%

beyond a reasonable doubt

evidence results in high level of certainty about guilt of an individual charged with committing crime
>95%

fourth amendment

right of people to be secure in their persons house, paper and effects, against unreasonable search and seizure, shall not be violated, and no warrants shall issue but upon probable cause

incorporation doctrine

due process clause of 14th amendment incorporates Bill of Rights, including 4th amendment, and thereby grants protections against state and local authorities

-private actors
-border searches or searches in other countries
-open fields
-commercial property areas where general public is invited to enter
-abandoned property, automobile inventory searches
-consent searches

when do you not need a warrant?

curtilage

enclose space of ground surrounding the dwelling

inventory searches

searches of impounded vehicles which are considered administrative searches when they are conducted according to standard police procedure
-contraband found is not ignored

search warrants

a legal document authorizing a police officer or other official to enter and search premises
-need probable cause
-supported by an affidavit articulating probably cause-affidavit is sworn to by affiant
-specificity: must be specific to places searched and

-exigent circumstances
-plain view
-emergencies
-preservation of evidence
-vehicles
-incident to arrest
-hot pursuit
-stop and frisk

when do you NOT need a warrant?

exigent circumstances

situation where you don't need a warrant due to circumstance where without immediate police action, suspect may destroy evidence or pose danger to themselves, police, or public

exclusionary rule

evidence obtained illegally by police must be excluded from use in court

good faith exception

if an officer relies on an defective warrant in good faith, evidence may be admitted

miranda warning

use when suspect is in custody or being questioned
-right to remain silent
-anything you say can and will be used against you in court
-right to attorney and to have them present during questioning
-if you cannot afford attorney, one will be provided with

custody

officer has decided a suspect is not free to leave, considerable deprivation of liberty, or suspect is under arrest

public safety exception to miranda

threat to public safety takes precedence over being read Miranda warnings

arrest authority of peace officers

officers can make a probable cause arrests for all felonies, all misdemeanors committed in one's presence, and some misdemeanors not witnessed if arrest authority is specified in statue