Unit 2: Law Enforcement - Mr. Westwater's History Class

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Unit 2:

Law Enforcement

4 Levels of

U.S. Law Enforcement Structure

Federal Law Enforcement

State Law Enforcement

Regional/County Law Enforcement

Local Law Enforcement

Federal Law Enforcement

Department of Justice Dept of Homeland Security

(DOJ) (DHS)

F.B.I.

D.E.A.

U.S.M.S.

A.T.F.E.

U.S.S.S.

C.B.P.

I.C.E.

T.S.A.

Department of Justice (DOJ)

Mission Statement

To enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans.

How does a note-taker summarize this?

Federal Bureau of Investigation

F.B.I.

protect U.S. from terrorist attack protect U.S. from cyber/high tech. attacks combat public corruption at all levels protect civil rights combat national crime organizations (ex.-

Mob/Latin Kings) combat major white collar crimes combat significant violent crimes support federal, state, and local law enforcement upgrade technology to successfully perform duties

D.E.A.

Drug Enforcement Administration enforce the controlled substance laws control criminal organizations involved in growing, manufacturing, or distribution of controlled substances

A.T.F.E.

Alcohol Tobacco Firearms & Explosives

 illegal use and trafficking of firearms

 illegal use and storage of explosives acts of arson, and bombings

 acts of terrorism illegal diversion of alcohol and tobacco products

U.S.M.S.

United States Marshals Service

Judicial security

Fugitive apprehension

Witness Security (Witness Protection

Program)

Prisoner transport

Asset Forfeiture Program

Department of Homeland

Security (DHS)

Mission Statement

We are a separate law enforcement department from D.O.J. with main focus at protecting within United

States borders from any foreign/domestic attacks or threat of attacks:

When and why was this created?

U.S.S.S.

United States Secret Service

Provides 24/7 protection to:

President/spouse/children

V.P./” “

Former “ “ 10 yrs after term

Foreign heads of State

 Presidential/V.P. candidates within

120 days or necessary time period of election

 Counterfeiting Activities of U.S. currency

C.B.P.

Customs and Border Protection

 protecting U.S. borders from terrorists and weapons from outside of United

States securing trade and travel entering

U.S.

1.

2.

3.

4.

5.

I.C.E.

Immigration Customs

Enforcement

They are the principal arm of the Dept. of

Homeland Security.

2 nd largest investigative agency in Federal

Government

In 2003, combined INS and segments of

CBP, to create I.C.E.

All 50 states and 48 countries, 20,000 employees, 5.7 billion annual budget

Homeland Security Investigations and…

Enforcement and Removal Operations

How do CBP and ICE work together?

Transportation Security

Administration

Mission Statement

The T.S.A. protects the Nation's transportation systems to ensure freedom of movement for people and commerce.

1. 48,000 Transportation Security Officers serve in

457 U.S. airports

2. intelligence gathering and analysis

3. checking passenger manifests against watch lists

4. random canine team searches at airports

5. federal air marshals

Who investigates the following incidents?

1.

2.

3.

4.

Excessive Force on a civilian by a DEA agent:

U.S Marshals drinking at a pub while supposed to be protecting a judge:

An ATFE agent irresponsibly shooting seized automatic weapons serving as evidence:

An FBI agent taking a bribe from an individual under surveillance:

O.I.G.

Office of Inspector General

 conducts investigations and inspections to insure all L.E. are not participating in activities such as:

1. wasting funds and valuable resources

2. abusing power and authority

3. guilty of fraud towards any parties inside/outside D.O.J./D.H.S.

4. misconduct according to D.O.J./D.H.S. regulations

C.I.A.

Central Intelligence Agency collects and analyzes information about foreign governments, corporations, and individuals, and to advise policymakers in federal government in making international decisions

*C.I.A. operates as their own entity not under the authority of D.O.J. or D.H.S.

*The C.I.A. are not Law Enforcement

State Level Law Enforcement

Commonwealth of Massachusetts State Police maintaining police training academy provide emergency medical services crime laboratories (evidence analysis) bomb squad assist in homicide investigations accident reconstruction interstate highway patrol/traffic enforcement use of helicopters in searches

K-9 units in assistance for searches performing autopsies in ruling cause of death

Regional/County Level of

Law Enforcement

MA Bristol County Sheriff’s Department

Operate Dartmouth House of Corrections

Train, assist, and educate community programs in cooperation with L.E. departments

Serve legal papers such as home foreclosures and evictions notices

Supervise eviction from rented property

Transport inmates from House of Corrections to and from court houses

Attleboro, New Bedford, Fall River, Taunton

North Attleboro, Norton, Dartmouth, Mansfield, Fairhaven, Swansea,

Acushnet, Rehoboth, Dighton, Easton, Somerset, Seekonk, Berkley,

Raynham, Westport

MA Bristol County Sheriff’s Dept.

Jail Facilities

Counties of Massachusetts

Bristol County

1.

Local Level of Law

Enforcement

City or town - Attleboro, Los

Angeles, Rehoboth

2. Serve and Protect citizens of that town/city

3. Street patrol

4. Conduct criminal investigations

Who is the executive in charge of all these departments and agencies?

Reflective Question

Why do you think the structure of federal law enforcement is so extensive? Provide three specific reasons to support your opinion.

Unit 2 Quiz Review

2 Federal Law Enforcement

Departments

What are they?

A.T.F.E.

D.E.A.

U.S.S.S.

O.I.G

U.S.M.S.

F.B.I.

C.I.A.

C.B.P.

I.C.E.

State Level Law Enforcement

Original purpose of creation

Capabilities/services

County/Regional Level

Bristol County Sheriff’s

Department

Different than other forms of Law

Enforcement?

Unit 2:

Reasonable Suspicion vs.

Probable Cause

Reasonable Suspicion:

-based on more than a hunch

-must have facts/details to support

What can give officer R.S.?

1. furtive movements (such as?)

2. answers (what kind?)

3. environment (where?)

4. company you keep (like who?)

In other words……..

any “unusual conduct”

“Legal” Warrantless

Searches and Seizures

Reasonable Suspicion

-based on more than a hunch

-must have facts/details

-reasonable to believe criminal activity is “afoot” (in action)

What gives officer Reasonable Suspicion?

1. movements (such as?)

2. answers (what kind?)

3. environment (where?)

4. company you keep (like who?)

What four things can a law enforcement do just based on

“ Reasonable Suspicion ”?

#2

Pat and Frisk for…

Weapons or cause of danger

#3

Seizure of threats to safety

#4

Place handcuffs on individual for safety

“Probable Cause”

Define: ????

“There is no definition!”

* no exact formula

*police use own individual judgment based on…

1. experience

2. training

3. laws

*requires more than suspicion

Sources of Probable Cause

(what leads to P.C.?)

1.

2.

3.

4.

Observation- 5 senses

Expertise- experience/training

“Circumstantial” Evidenceexamples?

Information- from who?????

1.

2.

Direct Sources of

Probable Cause

“Flight”attempting to flee, evade, or elude, is by law, a presumption of guilt

Evidence in “Plain View”

3.

Admitted Ownership of evidence or contraband

4.

Circumstantial Evidence evidence points in

Justified use of Deadly Force

1.

Threat of serious bodily injury to officer:

2.

Threat of serious bodily injury to others:

3.

Fleeing felon poses threat of serious bodily injury: viewpoint reasonable judgment common sense

What will law enforcement officers do when they have probable cause ?

Take into custody/Arrest

Fourth Amendment

“Word Splash”

Unreasonable

Search

Seizure

Warrant

Warrantless

Probable Cause

Reasonable Suspicion

Exclusionary Rule

Terry v. Ohio (1968)

1.

Cleveland, Ohio

2.

casing department store

3.

4.

Unauthorized possession of firearm

Claimed didn’t have P.C.

What constitutes a search?

”reasonable expectancy of privacy”

Where?.....

1. person and property

use “common sense standard”

Motor Vehicle Stops/Search

Reasonable Suspicion -

When can I search?

1. Stop

2. Immediate area

3. Plain View

4. Consent

Probable Cause

1. Immediate Control (trunk)

2. Wherever likelihood hiding evidence relevant to crime

3. Alter Vehicle?-warrant

Exclusionary Rule

Weeks vs. United States (1914)

Supreme Court ruled any evidence illegally seized by law enforcement officers in violation of the 4 th Amendment’s rights of the accused, cannot be used against the person in a criminal prosecution:

Federal Courts

Mapp vs. Ohio (1961)

State Courts

“Does this mean all charges are dropped any the case is thrown out”?

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

Warrantless Searches

Reasonable Suspicion

Probable Cause

Plain View

Consent

Special Events/Locations

Hot Pursuit

Emergency

Vehicle

Airports

Border

What is a search warrant?

a legal document giving L.E. the authority to search a location for specific item(s):

-Affidavit-> Written request from L.E. stating specific details of Probable

Cause, and what searching items searching for:

Must be signed under oath to confirm truthful

1.

Search Warrant Mandates

Must be executed within a certain number of days to preserve integrity of search

2. Must be executed in daytime (unless specifically stated otherwise with justification)

3. Item(s) to be searched for not places to look are expressed in search warrant

4. Must knock to announce presence (unless noknock is justified and granted)

5. Announce presence, purpose and authority

Two Kinds of Evidence

1.

Direct Evidence eye witness statements

2.

Circumstantial Evidence All other evidence seized by law enforcement and used against the accused

1.

Miranda vs. AZ (1966)

Miranda Rights

You have the right to remain silent

2. If you give up that right, anything you say can and will be used against you in a court of law.

3. You have a right to court appointed attorney and have him present during questioning.

4. Do you understand these rights I have explained to you?

5. With these rights in mind do you now wish to speak to me?

Why is Law Enforcement telling you all of this?

5th Amendment - You have the right to not incriminate yourself- (blah, blah, blah!)

6 th Amendment - You have the right to court appointed representation if you are indigent

What about school searches?

New Jersey vs. T.L.O.

-School officials have the right to search a students’ person and property based on……….

Reasonable Suspicion

SAFETY

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