Models of Police Corruption
selective enforcement or non enforcement – exploitation of discretion
active criminality- bending of rules and outright illegal acts
bribery and extortion- Bribery is initiated by the citizen; extortion initiated by the officer
mooching- receiving free gifts of coffee, cigarettes, meals for acts of favoritism
chiseling – officers demand admission to events or price discounts
shopping – taking small items, such as cigarettes from a store whose door was accidentally left unlocked
shakedown – taking items that belong to prisoner/offender
meat eaters - aggressively mis-use police power for personal gain by demanding bribes, threatening legal action or cooperating with criminals.
grass eaters - accept payoffs when their everyday duties place them in a position to be solicited by the public.
Police and the Law
Due process ensures that a person who is arrested, prosecuted, tried and punished is done so according to criteria established by law.
Due process is of particular concern with respect to police activities such as:
search and seizure, and
Constitutionality, Policing, and the Supreme Court
The relationship of the police to the Constitution is twofold in that the Constitution
(1) grants a power to the states that allows for the existence of police, and
(2) places certain controls on police behavior.
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 searched
Written document signed by a judge describing the place to be searched and the person or things to be seized.
Search and Seizure
Exclusionary Rule - any evidence obtained as a result of an illegal search or seizure is not admissible in court.
Weeks v. United States (1914) U.S. Supreme Court applied the exclusionary rule to federal prosecutions.
Mapp v Ohio (1961) U.S. Supreme Court applied the exclusionary rule to state prosecutions.
Fifth Amendment- to be free from self-incrimination before police conduct any questioning.
Sixth Amendment - right to counsel for your defense.
Escobedo v. Illinois (1964) – denied right to counsel during interrogation.
Miranda v. Arizona (1966)- police have duty to advise of right to remain silent.
Brewer v. Williams (1977) - “Christian Burial Speech” convicted but over turned because of psychological coercion
Nix v. Williams (1984) rehearing of Brewer case statement was admissible because of inevitable discovery rule.
There are some significant exceptions to the search warrant requirement of the Fourth Amendment. They include:
Searches incident to a lawful arrest
Searches Incident to a Lawful Arrest
The legality of this search depends on the lawfulness of the arrest.
The Search is made to protect officers from danger and to secure evidence.
The search must take place immediately following the arrest, and
the police may search only the suspect and the area within the suspect’s immediate control.
Stop and Frisk
The detaining of a person by a police officer for the purpose of investigating criminal activity and associated with the frisk of a person’s body surface and outer clothing to uncover weapons or other criminal activity.
Terry v. Ohio (1968)
1993 Minnesota v Dickerson (plain-feel)
If a police officer has probable cause to believe that a vehicle contains drugs, a weapon, or evidence of a crime, the car may be stopped and searched.
The contraband may be seized and the occupant arrested.
Carroll v US (1925)
Police officers may undertake warrantless searches when the person in control of the area or object voluntarily consents to the search.
If the evidence is in plain view, a search a and seizure may be conducted without a warrant.
Officers may search open fields that are fenced in but otherwise open to view.
The US Supreme Court distinguished between the privacy granted persons in their own home or its adjacent grounds (curtilage) and a field.