Police and the Law 1 1 Police and the Constitution 10.1 Chapter 10 Police and the Law Chapter 10 Police and the Law

Police and the LawPolice and the Law 11

Police and the ConstitutionPolice and the Constitution10.110.1

Chapter 10Police and the Law

Chapter 10Police and the Law

Section 10.1Police and

the Constitution

Section 10.1Police and

the Constitution



CHAPTER OBJECTIVESCHAPTER OBJECTIVESAfter completing this chapter, you will be able to:After completing this chapter, you will be able to:

1. Explain how the U.S. Constitution, Bill of Rights, and U.S. Supreme Court relate to law enforcement.

2. Understand the various types of laws.3. Distinguish between the exclusionary rule

and good faith exception.

1. Explain how the U.S. Constitution, Bill of Rights, and U.S. Supreme Court relate to law enforcement.

2. Understand the various types of laws.3. Distinguish between the exclusionary rule

and good faith exception.

continuedcontinued




4. See the differences in mere suspicion, reasonable suspicion, and probable cause.

5. Explain the requirements for a legal stop and frisk, search and seizure, and arrest.

6. Understand the concept of custodial interrogation.

4. See the differences in mere suspicion, reasonable suspicion, and probable cause.

5. Explain the requirements for a legal stop and frisk, search and seizure, and arrest.

6. Understand the concept of custodial interrogation.

continuedcontinued




7. Comprehend the legal principles that apply to identification procedures.

8. Explain how civil liability applies to policing.

7. Comprehend the legal principles that apply to identification procedures.

8. Explain how civil liability applies to policing.



Bill of RightsBill of Rights

The Bill of Rights was created to prevent the government from abusing power.

The Bill of Rights was created to prevent the government from abusing power.




Ten amendments to the Ten amendments to the Constitution that protect Constitution that protect American citizens from American citizens from

government.government.

Bill of Rights




Amendments relevant to policing are:Amendments relevant to policing are:

FirstFourthSixthEighthFourteenth

FirstFourthSixthEighthFourteenth



Fourteenth AmendmentFourteenth Amendment

The fourteenth amendment gave American citizens protection in both state and federal criminal cases.

The fourteenth amendment gave American citizens protection in both state and federal criminal cases.



The U.S. Supreme CourtThe U.S. Supreme Court

The court that has had the greatest impact on law enforcement is the U.S. Supreme Court.

The court that has had the greatest impact on law enforcement is the U.S. Supreme Court.




The “court of last resort” for all The “court of last resort” for all cases that it hears, which means cases that it hears, which means

that all cases decided by the that all cases decided by the Supreme Court cannot be appealed Supreme Court cannot be appealed

again; the final interpreter of all again; the final interpreter of all constitutional matters.constitutional matters.

U.S. Supreme Court




If an inmate’s request for an appeal is denied, the inmate can then petition the U.S. Supreme Court for a writ of certiorari.

If an inmate’s request for an appeal is denied, the inmate can then petition the U.S. Supreme Court for a writ of certiorari.




A written appeal to the Supreme A written appeal to the Supreme Court asking it to review a Court asking it to review a

particular case.particular case.

Writ of Certiorari



Types of LawTypes of Law

The three types of law are:The three types of law are:

1. Criminal law2. Civil law3. Administrative law

1. Criminal law2. Civil law3. Administrative law




The branch of law that defines The branch of law that defines crimes and punishments; also crimes and punishments; also

called called penal lawpenal law..

Criminal Law




The branch of law that provides The branch of law that provides a means of controlling the a means of controlling the noncriminal relationships noncriminal relationships

between individuals, between individuals, businesses, or organizations.businesses, or organizations.

Civil Law




The branch of law that provides The branch of law that provides the rules and regulations the rules and regulations

established by governments to established by governments to control the actions of industry, control the actions of industry,

business, and individuals.business, and individuals.

Administrative Law




The two types of criminal law are:The two types of criminal law are:

1. Substantive law2. Procedural law1. Substantive law2. Procedural law




The two ways in which laws are made are:The two ways in which laws are made are:

1. Statutory2. Case law1. Statutory2. Case law




When a judges decide on a particular case, this sets a precedent.When a judges decide on a particular case, this sets a precedent.




Past judicial decisions are Past judicial decisions are followed in making future followed in making future decisions; based on decisions; based on stare stare

decisisdecisis, which means “let the , which means “let the decision stand.”decision stand.”

Precedent



A Closer Look at Civil LawA Closer Look at Civil Law

It is important for officers to understand civil law because:It is important for officers to understand civil law because:

Civil lawsuits are expensiveCivil lawsuits are embarrassingCivil lawsuits are avoidable if officers are trained in citizens’ civil rights

Civil lawsuits are expensiveCivil lawsuits are embarrassingCivil lawsuits are avoidable if officers are trained in citizens’ civil rights




Civil cases are represented by plaintiffs.

The wrong charged against the defendant is called a tort.

Civil cases are represented by plaintiffs.

The wrong charged against the defendant is called a tort.




Civil judgments do not punish defendants, but only require them to provided money or property as compensation.

Civil judgments do not punish defendants, but only require them to provided money or property as compensation.




The three categories of torts are:The three categories of torts are:

1. Strict liability torts2. Intentional torts3. Negligence torts

1. Strict liability torts2. Intentional torts3. Negligence torts




The four forms of police negligence are:The four forms of police negligence are:

1. Negligent operation of emergency vehicles

2. Negligent failure to protect3. Negligent failure to arrest4. Negligent failure to render assistance

1. Negligent operation of emergency vehicles

2. Negligent failure to protect3. Negligent failure to arrest4. Negligent failure to render assistance




To prove negligence, a plaintiff must prove the following elements:To prove negligence, a plaintiff must prove the following elements:

1. A legal duty2. Proof of a breach of duty3. Proximate causation4. Actual damage or injury

1. A legal duty2. Proof of a breach of duty3. Proximate causation4. Actual damage or injury



10.110.1

?1. Which type of tort seems easiest to prove and why?

2. Define probable cause.

1. Which type of tort seems easiest to prove and why?

2. Define probable cause.

End of Section 10.1Police and

the Constitution

End of Section 10.1Police and

the Constitution

Documents

Police and the Law 1 1 Police and the Constitution 10.1 Chapter 10 Police and the Law Chapter 10 Police and the Law