Police Roles Functions Organization Police Functions Why do

Police Roles, Functions, & Organization

Police Functions? Why do we have police? What are their duties and/or roles? List as many as you can think of…

How are police portrayed in the media? • Based on media portrayal’s of police, how would you characterize them? • What duties do they do on a daily basis? • What is their major function in society?

Police Organization • Federal – FBI, DEA, US Marshalls, Homeland Security • State • Local – City – County Sheriff’s Department • Local police agencies are usually organized in a hierarchical manner – Most also follow a system in promoting personnel time-in-rank system: before moving up the administrative ladder, an officer must spend a certain amount of time in the

Police Organization • • • Patrol, Traffic, Specialization Detective Sergeant Lieutenant Captain Inspector Deputy Chief Bureau Chief Deputy Commissioner Police Commissioner

ABA Police Goals • Prevent and control conduct considered threatening to life and property • Aid people who are in danger of harm • Protect constitutional rights • Facilitate the movement of people and vehicles • Aid those who cannot care for themselves • Resolve conflict • Identify problems • Create a feeling of security.

Police Function • 3 main police expectations: – Maintain order – Enforce the law – Provide services as they seek to prevent crime • However, they take on many roles and duties- directing traffic, handling accidents, breaking up parties, investigating crimes, finding missing persons.

Order Maintenance • Preventing behavior that either disturbs or threatens to disturb the peace or involves face-to-face conflict among two or more people. • Examples? • Requires officers to decide not only whether a law has been broken but also whether to take action and if so, who should be blamed.

Order Maintenance- Patrol • Patrol Officers often make up 2/3 of police personnel – Most visible police personnel • Responsible for supervising specific areas (beats) • Goal of patrols are to 1) deter crime 2) intervene to maintain order 3) respond quickly

Service • Providing assistance to the public, usually in matters unrelated to crime. • Examples? – Providing first aid – Rescuing animals – Directing traffic – Providing information • Calls to Police – Out of 26, 000 calls for police assistance, about 80% did not involve crimes

Law Enforcement • Controlling crime by intervening in situations in which the law has clearly been violated and the police need to identify and apprehend the guilty person. • Usually done by a detective – Investigate the cause of the criminal activity – Find the individuals responsible and pinpoint a suspect – Analyze clues to determine a suspect

Law Enforcement- Detective • Detectives can begin work after a patrol officer has made initial contact (seen the suspect in action, etc) or can follow up on leads • In determining a suspect, detectives will: – Conduct interviews of potential witnesses – Interrogate suspect – Gather evidence

Checks on Police Power

Police and the Law • Police, especially detectives, are given the responsibility of finding the necessary information to prove the guilt and provide justice. • This task comes with several restrictions and guidelines set forth by the U. S. Constitution, state constitutions, the Supreme Court and other legal documents.

4 th 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.

4 th Amendment Right • Every American is protected against unreasonable searches and seizures. – Search: government actor infringes on a person’s reasonable exception of privacy • Home, car, personal property – Seizure: government actor takes physical possession • Most often refers to – arrest • MUST have permission (warrant) and probable cause

Warrants • Written legal permission to either search or arrest • Search Warrant: – Order issued by judge directing officers to conduct a search of specified premises for specified objects • Arrest Warrant: – Order issued by a judge directing officers to arrest a particular individual – Exception: a warrantless arrest can occur if the crime is directly witnessed by the police officer

Warrant Requirements 1. Probable Cause • • A reasonable belief, based on fact, that a crime has been committed and that a person, place, or object to be searched and/or seized is linked to the crime with a reasonable degree of certainty Based on fact evidence (hard evidence, but also tips, informants, etc) 2. Issued by a neutral and detached magistrate – judge 3. Particularity- warrant must be specific on the place and things • Exception: Plain-view exception allows police to notice items in plain view that are not listed on warrant 4. Warrant must be served

Exceptions • Exceptions have been carved out by the Supreme Court over time 1. Warrantless arrest • • If criminal activity is directly seen by a police officer, you can be arrested without a warrant Must be brought before a judge usually within 48 hours for a probable cause hearing 2. Exigent Circumstances • • Events that demand emergency and/or immediate attention Examples: hot pursuit, threats to others & evidence, danger of suspect escaping.

Exceptions 3. Stop and Frisk – Suspicious individual seen out in the ‘field’ can be stopped and frisked – Stopped if you appear to be acting in a suspicious manner – Frisked if police has reason to believe you are armed and dangerous 4. Automobile Searches – Can search if probable cause that physical evidence is in the car 5. Consent Search – Individual waives their rights and consents to a search

Interrogation • Questioning after an arrest • Protected by the Miranda v. Arizona case ruling – Suspects in custody must be told that they have the following rights: • Right to Remain Silent • If they chose to make a statement, it can and will be used against them in a court of law • They have the right to an attorney present at the time of interrogation, or they will have an opportunity to consult with an attorney. • If they cannot afford an attorney, one will be appointed by the state.

Interrogation Requirements 1. Must be given before questioning can begin 2. Can be waived by the suspect, but police must have evidence that suspect fully understood that they were giving up their rights 3. Once the suspect asks for an attorney, NO more questioning can occur until attorney is present

Interrogation Exceptions • Public Safety Doctrine: – Can be questioned in the field without Miranda rights if the police need immediate information to protect public safety. – Where is the bomb located? • Failure to provide is not illegal if the case does not become a criminal matter – Arrest you for public intoxication, but end up only holding you in jail for the night – Did not have to read you the Miranda rights, because you are not begin charged with an offense

Supreme Court & Police • Mapp v. Ohio (1961)- Illegally obtained material cannot be used in a criminal trial. While searching Dollree Mapp's house, police officers discovered obscene materials and arrested her. Because the police officers never produced a search warrant, she argued that the materials should be suppressed as the fruits of an illegal search and seizure. • Miranda v. Arizona (1966)- Police must inform suspects of their rights before questioning. After hours of police interrogations, Ernesto Miranda confessed to rape and kidnapping. At trial, he sought to suppress his confession, stating that he was not advised of his rights to counsel and to remain silent. • Terry v. Ohio (1968)- Stop and frisks do not violate the Constitution under certain circumstances. Observing Terry and others acting suspiciously in front of a store, a police officer concluded that they might rob it. The officer stopped and frisked the men. A weapon was found on Terry and he was convicted of carrying a concealed weapon. The Supreme Court ruled that this