It is widely known that police officers are given a substantial amount of latitude concerning vehicular searches while on patrol. Many officers make it a habit to ask citizens they pull over if it 's okay to search their cars, while others will only ask if they have reason to believe that a suspect is hiding something. Either way, what should you do if the police search your car without your permission, and without first obtaining a search warrant? Most people know that police officers need one of three things to search your car: permission, probable cause or a warrant. Unfortunately, an officer will obtain one of those three things if he is determined to execute a search, even if there is a possibility that it will later be thrown out in court. If permission is denied and they don 't have sufficient evidence for a warrant, just about anything can be used for probable cause. For example, let 's say that you 're pulled over for speeding, and when the police officer takes your license and registration, he notices that your eyes are red. This is a common side effect of marijuana use (and about a thousand other things), but he might decide that he wants to search your car, so he asks permission. If you don 't give it, but there is a large jacket tossed over the passenger seat of the car, he can use that jacket and your red eyes to generate probable cause. After all, you might be concealing an ounce of marijuana underneath the jacket, and he would have to search your car if he
Every day, law enforcement officers encounter danger while carrying out their duties. The foremost duty of law enforcement officers are to serve and protect citizens. Most law enforcement agencies do this successfully. However, many people view law enforcement officers as the enemy. People need to be better informed about law enforcement and why officers take specific actions in certain circumstances. In our society, police are in a very dangerous position when it comes to the amount of force they can use when dealing with an individual. Officers use discretion when deciding the best course of action for the situation, whether it be physical force, persuasion, or coercion. They must take the correct course of action, because if they are too lenient or to forceful, even when dealing with petty things, they can be reprimanded by superiors and the public. Should police use force? Which circumstances warrant use force and what are the limits of force they can use? These questions are often asked when police are compelled to use force.
The Fourth Amendment of the United States Constitution protects one’s rights against unreasonable searches and seizures. It also states that no warrants shall be issued without probable cause. Probable cause can be defined as a person of reasonable caution who believes that a crime has been committed and the person accused has committed that crime. Modern law has afforded police officers an incentive to respect this amendment, known as the “stop and frisk” act. The Stop and Frisk law allows police officers to stop someone and do a quick search of their outer clothing for weapons: if the officer has a reasonable suspicion that a crime has or is about to take place and the person stopped is armed or dangerous. The reasonable
When it comes to Search and Seizure, allot of people think that law enforcement should not be allowed to search or seize property. I have heard many arguments against this subject, people stating that law enforcement officers go too far or have no right to search someone’s property such as their vehicle. Probable cause is more than a reasonable suspicion it requires that a combination of facts makes it more likely than not that items sought are where police believe them to be. In addition to establishing probable cause for a search, a warrant must contain the reasons for obtaining it, the names of people presenting the affidavits, what is specifically being sought and the signature of the judge issuing it.
Law Enforcement officers have one of the most critical jobs in the United States. Their lives are always on the line and they are of high regards. This means they cannot fail! The results of their jobs do not only depend on their actions but also on the people. What this means is the community has a huge role when it comes to solving crime. Though many people may not believe it, they are the key to a successful crime prevention community. The people of the United States don’t really understand both the positive and negative effects that community policing actually brings. Some may say it is very dangerous based on their experiences. Others may say it’s the best way to do away with crime. Today the two will be compared and put to test by true officers serving our country. The facts will be stated and questions will be answered. Let’s take a look at what community policing is really all about!
Under the fourth amendment, Police do not need a warrant for a search if probable cause is there. (Schmalleger, 2012).The search and seizure are made under the reasonable cause. For instance, For example, A police officer makes a routine traffic stop of a vehicle to site the driver for speeding and smells alcohol when he talks with the driver, then the officer has probable cause to search the vehicle for more illegal things without a warrant (Schmalleger, 2012)
When an officer wants to search, he should make sure that the search is reasonable and also there is a probable cause. The officer may conduct search and takeover some items if he finds that there is no ultimate true expectation of privacy. If at all there is a search warrant with him, they have all rights to search the car thoroughly. If the car driver agrees for a car search then, the officer can go for a complete search of the vehicle even if there is no search warrant with him. If the driver is found suspicious and is being arrested, then, the passengers in the car can be searched even without a warrant. Police officers may go for a search if they doubt that there is some risk in their safety and also risk on public safety. If they find some unusual behavior or activity they may go for a search without a warrant to make sure no disruption of evidences some unlawful
For a police officer to search a car, he should “reasonably believe” that passengers might be carrying something. They do not need a warrant because cars are not houses. (Maryland v. Dyson, U.S Sup. Ct. 1999) (Searches and Seizures: The Limitations of the Police, n.d.)
Policing in America underwent a major paradigm shift in the way that law enforcement was carried out – this shift was known as a shift from the Political Era to the Professional (Reform) Era (Roberg, Novak, Cordner, & Smith, 2015). This switch in eras happened in the United States during a period branded as the Progressive Era, when many “types of problems … began to be addressed not only in the public sector but also in private enterprise” (Roberg et al., 2015, p. 41). This movement affected the United States and the American life since it functioned on the ideas that there should be “(1) honest and efficiency in government, (2) more authority for public officials (and less for politicians), and (3) the use of experts to respond to specific
The purpose of law enforcement is to protect the lives and property of both the community’s citizens and people who visit and work in the community. There are many different levels of law enforcement careers such as local, state and federal agencies. There are also many different occupations within the law enforcement field. One of those occupations is a police officer. (10 Things You Need to Consider Before Becoming a Police Officer, Criminology Careers.com, August 2012, Timothy Roufa, Criminology Careers Expert). To become a police officer it takes more than just wanting to carry a gun and “catch the bad guys”. The hiring process will be long. After submitting an application, each candidate must go through a written test, a physical agility test, an oral interview or two, a “background” check of nearly every aspect of his life, including driving records, drug or alcohol usage, a thorough medical and psychological exam, and a polygraph test. Then after that, each candidate must go through an exhausting physical and mental challenge known as the Police Academy. If the candidates make it through the Police Academy then they advance to on-the-job training known as Field Training, which is even more difficult than the Police Academy. After all of this training and becoming a police officer, one would have to ask themselves if the job is worth it. Police officers are put into dangerous situations daily. After all they have to deal with drunks, the mentally disabled
The colors red, white, and blue in America represents freedom. When a police officer approaches a civilian in today’s times, those colors mean the absolute worst. With recent police mischief including shootings, red, white, and blue could mean absolute panic. Americans today feel as if there is a war with police officers. The most common question civilians have, why are innocent people being killed by police officers? The civic responsibility of a police officer is to serve and protect citizens while upholding the law. With many recent incidents, civilians no longer feel safe around authorities. A new policy proposed to congress by Barack Obama is for police officers to wear body worn cameras, or BWC’s. “... nine in ten Americans support the use of cameras on cops” (Boone). Therefore, police officers should be required to wear body worn cameras in order to have better security, behavior, and evidence for crime scenes.
Multiple reports have shown that police are taking their jobs so seriously, they are willing to break the rules. This results in people losing their rights to privacy. What people do not understand is that they do have the power to say no when a police officer asks to search their cars or their person when there is no probable cause. The bone of contention is that people tend to have no will power to abnegate an officer. With that being said, people should understand the limits that cops can and cannot reach when it comes to arresting or fining a person under certain circumstances. If a person has evidence that there is no justification for the cop to search them, then in no way is it wrong to say that they do not give them the right to search.
The rationale of warrant less searches incident to arrests is the two fold need to uncover evidence of a crime, prevent its destruction, and to preclude the possibility that the arrestee might reach for a weapon in which he could not only injury himself but the arresting officer in order to make an escape (Law Enforcement, 2012). The search and seizures are made under the reasonable cause. For example, If an officer was to pull over a vehicle because of the license plates or no seat belt and as he walks toward the vehicle, he finds the smell of alcohol or sees cans of beer or even smells marijuana from the car. Once this happens, the officer will have probable cause to search the vehicle without a warrant (Schmalleger, 2012). In the case of a plain view doctrine, officers have the right to search a motor vehicle (Schmalleger, 2012). If an officer was to walk into a hospital for medical assistance
A consent search is one waiving their Fourth Amendment right to have a search or seizure be conducted and still be taken with any penalties if found anything. Jacinta A. Gau explains in Consent Searches as a Threat to Procedural Justice and Police legitimacy: An Analysis of Consent Requests During Traffic Stops, how there are many traffic stops every year and within those traffic stops many searches and seizure are being conducted, but from those searches and seizures they are mainly from giving consent. Many of the consent searches and seizure are given from either the fear of saying no will indicate hiding something or the fact that many do not know their rights to be able to say no, or an officer not being able to make it clear from one being able to not give consent. “Police officers are not required to inform citizens of their right to withhold consent and refuse a search, though
Next, Are some stories from the police officer and Port Authority Officers that were there at the towers helping out by treating and evacuating people out of the towers that day. On the morning of September 11, Joe got up earlier than usual to vote in the Democratic primary election. He noted that he was getting the first taste of fall, that was clear, that the temperature was just a little bit down from hot, and the humidity was low-that it was just a beautiful New York day. On that morning he was riding in an unmarked Winstar, because he had recently broken his Achilles tendon and his left leg was in a cast from the knee down. The Winstar gave him room to get in and out of the car, and to stretch his big frame out. He had spent nearly
The psychologist serves a great purpose in the law enforcement as well. The police psychologists provide services that are used to counter police use of excessive force. The psychologists are there to characterize the types of officers who are known to abuse force and to recommend psychology-based intervention that could help police managers reduce cases of excessive force. Some think that the police departments should rely mostly on pre employment screening to identify violence-prone candidates.