2 Constitutional Law
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Introduction to Law Focus on Constitutional Law Daytona State College School of Emergency Services Legal Focus on Constitutional Law Objectives • Importance of the U.S. Constitution to police • Bill of Rights • Basic concepts • Articles of the Constitution • Supremacy clause • Amendments Daytona State College School of Emergency Services Legal Focus on Constitutional Law Objectives • • • • • • • • First Amendment Second Amendment Fourth Amendment Fifth Amendment Sixth Amendment Eighth Amendment Fourteenth Amendment Case law Daytona State College School of Emergency Services Legal Focus on Constitutional Law The U.S. Constitution • Basic concepts – – – – Protection from government abuse Case law interprets the Constitution Defines law enforcement (executive branch) role All people stand equal before the law • History – Constitution was written in the late 1780’s – Concepts apply today Daytona State College School of Emergency Services Legal Focus on Constitutional Law The U.S. Constitution • Basic Concepts – People share rights • Freedom of speech • Protection against unreasonable searches and seizures – An arrest is a seizure under the Constitution • Prohibition of cruel and unusual punishment – Described in the Bill of Rights Daytona State College School of Emergency Services Legal Focus on Constitutional Law The U.S. Constitution • Purpose of government – Secure and protect the people’s rights – Be the agent of the people, not their master – Law enforcement officer represents government • Constitution sets parameters within which government operates and establishes law – Supreme Court resolves issues or conflicts which arise under the Constitution Daytona State College School of Emergency Services Legal Focus on Constitutional Law Articles of the Constitution • Main body – Forms a contract between the government and the people – Spells out responsibilities and authority of the three branches of government • Executive • Legislative • Judicial Daytona State College School of Emergency Services Legal Focus on Constitutional Law Supremacy Clause • Incorporated in Article IV – When there is a conflict, the U.S. Constitution and Federal law overrules state and local law – State law can be more restrictive, but cannot undermine the Federal standard – The decisions of Federal courts, Federal Appeals courts and the Federal Supreme Court hold over the state courts Daytona State College School of Emergency Services Legal Focus on Constitutional Law Amendments • Constitutional adjustments – Resolve changes that need to be made • Women voting • Voting age • Bill of Rights – – – – First ten amendments spell out specific rights Part of the original 1789 Constitution Some states would not ratify without them Vital to law enforcement officers Daytona State College School of Emergency Services Legal Focus on Constitutional Law Bill of Rights • Designed to specify certain direct rights – Prevent obvious government intrusions to freedom – Relevant at the time, applicable to today – Law enforcement concerned with • • • • First Second Fourth Fifth Daytona State College School of Emergency Services • Sixth • Eighth • Fourteenth Legal Focus on Constitutional Law First Amendment • Freedom of – – – – Speech Press Peaceful Assembly Religion • Law Enforcement Activities – Disorderly conduct – Seizure of media materials Daytona State College School of Emergency Services Legal Focus on Constitutional Law Second Amendment • Right to bear arms – Gun ownership – Government may prohibit certain individuals from owning or possessing guns – Recent court decisions and legislation has reduced government intrusion on gun ownership • Washington D.C. law on “no handgun ownership” struck down by the Supreme Court Daytona State College School of Emergency Services Legal Focus on Constitutional Law Fourth Amendment • Unreasonable Search and Seizure – Key word is “unreasonable” – Court decides reasonableness – Law enforcement must keep up with cases to determine what is currently reasonable and unreasonable Daytona State College School of Emergency Services Legal Focus on Constitutional Law Fourth Amendment • Requires a warrant – Independent magistrate (judge) determines that there is enough probable cause • Search • Seize (arrest) – Neutral third person doctrine • Non-involved third person decides on probable cause • “Judge shopping” Daytona State College School of Emergency Services Legal Focus on Constitutional Law Fourth Amendment • Law enforcement activities affected – – – – Entry into homes, vehicles, luggage, purses Interference with the right to possess property Stops and arrests Use of force • Reasonable expectation of privacy – Overriding doctrine upon which Fourth Amendment violations are judged Daytona State College School of Emergency Services Legal Focus on Constitutional Law Fifth Amendment • Compelled self-incrimination – Cannot be forced to testify against yourself – Exceptions for Internal Affairs investigations (Garrity rule) • Requires Grand Jury Indictment for capital crimes – Even if an arrest has already been made Daytona State College School of Emergency Services Legal Focus on Constitutional Law Fifth Amendment • Double Jeopardy – Cannot be tried twice for the same crime • Appeal is not a new trial • Can be tried for different offenses resulting from the same set of circumstances in different systems – – – – State criminal court State civil court Federal criminal court Federal civil court • Multiple prosecutions usually involve Federal civil rights violations Daytona State College School of Emergency Services Legal Focus on Constitutional Law Fifth Amendment • Due process – Cannot be deprived of life, liberty or property without due process of law – Everyone gets a hearing or trial before an impartial judge – There is a process that is the same for everyone in resolving conflicts Daytona State College School of Emergency Services Legal Focus on Constitutional Law Sixth Amendment • Right to a speedy trial – Misdemeanor: 90 days – Felony: 180 days – Speedy trial may be waived by the defendant • Right to a public trial – Nothing in secret – Media allowed to report it – No secret evidence – all public Daytona State College School of Emergency Services Legal Focus on Constitutional Law Sixth Amendment • Right to counsel – May have counsel if desired – If indicted, must have counsel • Right to an impartial jury – May waive the right to a jury trial (bench trial) – Rules have been established for choosing a jury Daytona State College School of Emergency Services Legal Focus on Constitutional Law Sixth Amendment • Right to be informed of the charges – First appearance • Informed of charges • Informed of rights • Determine if the public defender is needed • Right to confront witnesses – Testify in open court – Able to be cross-examined – Rules established in special cases Daytona State College School of Emergency Services Legal Focus on Constitutional Law Eighth Amendment • Excessive bails and fines – Bail set by judges in a bail schedule, added by the jail – Police no longer set bail • Cruel and unusual punishment – No law enforcement involvement in punishment Daytona State College School of Emergency Services Legal Focus on Constitutional Law Fourteenth Amendment • Bill of Rights originally applied only to the Federal government – States felt that they could do what they wanted, even in conflict with the supremacy clause – Fourteenth applied the Bill of Rights to the states • Passed after the Civil War – Known as the Due Process Clause from the 14th Amendment • Fifth also deals with Due Process Daytona State College School of Emergency Services Legal Focus on Constitutional Law Keeping Current • Rules constantly change – Supreme Court decisions, Appeals decisions – Officers are responsible for keeping up • Ignorance is not an excuse • Good sources – Agency training bulletins and legal advisories – Law enforcement publications with citations – Official web sites Daytona State College School of Emergency Services Legal Focus on Constitutional Law Keeping Current • Good sources – FDLE – Florida Attorney General – Florida Supreme Court • Bad sources – Television/media – Internet – Newpapers Daytona State College School of Emergency Services Legal Focus on Constitutional Law Keeping Current • Violating case law can result in: – – – – – – Exclusion of evidence Case dismissal Administrative discipline Civil responsibility Criminal prosecution Loss of job/career Daytona State College School of Emergency Services Legal Focus on Constitutional Law Questions Daytona State College School of Emergency Services Legal Focus on Constitutional Law
