POLICE LAW & SOCIETY

What are the distinct characteristics of
police in U.S. society?

Police play multiple roles

Law prescribes parameters of police
practice
Distinct Characteristics

Function as a paramilitary organization
– Armed, uniformed
– Power to deprive citizen of liberty
– ???
Multiple Roles

Law enforcer
 Crime prevention
 Social assistance
 Information provider
Law and Police

Courts determine what is proper and improper
police conduct

Apply the concept that “the criminal must go free
if the constable has erred”

Only evidence permissible in court is that which is
gotten through proper legal channels and does not
violate the 4th Amendment-Exclusionary Rule
Fourth Amendment
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 seized.
Terry v. Ohio 392 U.S.1(1968)

Motion to suppress
evidence-guns
 Behavior of police
officer
 Issue-Did this search
violate the 4th
Amendment of the
Constitution?

A lawful arrest is one
which is based on
probable cause
 Was this is a search
incident to a lawful
arrest? If not, what
was it and was it
legal?
Terry (cont.)

Not a lawful search because no probable
cause
 BUT ok as limited search for weapons
 Stop and frisk
 Legitimacy determined on a case by case
basis
 Officer’s experience
 What is basis of Justice Douglas’dissent?
Brown v. Texas 99 S.Ct. 2637
(1979)


Issue-does it violate the 4th
Amendment to detain a
citizen for the purpose of
requiring him to identify
himself?
Ct must balance public
interest and the individual
right to personal security
free of arbitrary
interference by law
officers

In this case, no
probable cause to
arrest
 Ruling-officers are
required to have
reasonable suspicion
based on objective
facts
Brown (cont.)

None of the circumstances preceding
officer’s detention of Brown justified
reasonable suspicion that he was involved
in criminal activity
Florida v. Bostick
111S.Ct.2382 (1991)

Does the Fourth Amendment permit
random, warrantless searches by police on
busses?
 Precedent has held that this type of search is
permissible in airports
 These kinds of searches have been upheld
as long as the reasonable person believes
they are free to not cooperate
Bostick (cont.)
What’s different about a
bus and an airport seizure
 What is the State interest
here?
 What is the individual
interest?
 Officers lacked reasonable
suspicion to justify seizure
–evidence would have to
be suppressed according
to Exclusionary Rule


No seizure if Bostick
understood he could
refuse and consented
 Mere police
questioning does not
constitute seizure
 Remanded to trial
court