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)
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
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
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.
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?
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
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
1.
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?
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.
Original purpose of creation
Capabilities/services
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”
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
#3
#4
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
1.
2.
3.
4.
1.
2.
“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 ?
“Word Splash”
Unreasonable
Search
Seizure
Warrant
Warrantless
Probable Cause
Reasonable Suspicion
Exclusionary Rule
1.
Cleveland, Ohio
2.
casing department store
3.
4.
Unauthorized possession of firearm
Claimed didn’t have P.C.
”reasonable expectancy of privacy”
Where?.....
1. person and property
use “common sense standard”
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.
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