1.3 Legal and constitutional foundations of policing

The legal and constitutional foundations of policing form the bedrock of law enforcement practices in the United States. These principles, rooted in the Constitution, set boundaries for police powers and protect citizens' rights.

Key concepts include the Fourth Amendment's protections against unreasonable searches, Miranda rights during interrogations, and the exclusionary rule for illegally obtained evidence. Understanding these foundations is crucial for grasping the balance between effective policing and individual liberties.

Constitutional Protections

Fourth Amendment and Due Process

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• Fourth Amendment protects against unreasonable searches and seizures by government officials
• Requires law enforcement to obtain warrants based on probable cause before conducting searches
• Due process ensures fair treatment in legal proceedings
  • Includes right to a fair trial, legal representation, and protection against self-incrimination
• Probable cause serves as the standard for obtaining search warrants
  • Requires facts or evidence that would lead a reasonable person to believe a crime has been committed
• Reasonable suspicion allows officers to briefly detain individuals
  • Based on specific, articulable facts that criminal activity may be afoot
  • Permits limited pat-downs for weapons (Terry stops)

Search and Seizure Regulations

• Search refers to examining a person's property, body, or belongings to find evidence
• Seizure involves taking possession of an item or detaining a person
• Warrantless searches permitted under certain circumstances
  • Exigent circumstances (emergencies)
  • Consent searches
  • Plain view doctrine
• Vehicle searches have different rules than home searches
  • Automobile exception allows searches with probable cause without a warrant
• Stop and frisk procedures governed by Terry v. Ohio decision
  • Allows brief stops based on reasonable suspicion
  • Limited pat-downs for weapons to ensure officer safety

Police Procedures

Miranda Rights and Interrogations

• Miranda rights protect suspects from self-incrimination during police questioning
• Officers must inform suspects of their rights before custodial interrogations
  • Right to remain silent
  • Right to an attorney
  • Warnings that statements can be used as evidence
• Interrogations must cease if suspect invokes right to remain silent or requests an attorney
• Voluntary statements made before Miranda warnings may be admissible in court
• Public safety exception allows questioning without Miranda warnings in emergencies

Exclusionary Rule and Evidence Admissibility

• Exclusionary rule prevents illegally obtained evidence from being used in court
• Designed to deter police misconduct and protect constitutional rights
• Fruit of the poisonous tree doctrine extends exclusion to evidence derived from illegal searches
• Exceptions to the exclusionary rule include:
  • Good faith exception (officer reasonably believed they were acting lawfully)
  • Inevitable discovery (evidence would have been found through legal means)
• Knock and announce rule requires officers to identify themselves before entering a premises
  • Violations may lead to evidence suppression

Use of Force Guidelines

• Use of force continuum outlines appropriate levels of force for different situations
• Deadly force justified only when necessary to prevent death or serious bodily harm
• Less-lethal options include tasers, pepper spray, and rubber bullets
• De-escalation techniques emphasized to reduce need for force
• Officers must consider totality of circumstances when deciding to use force
• Excessive force claims evaluated under Graham v. Connor standard
  • Objective reasonableness test based on facts known to officer at the time

Legal Doctrine

Qualified Immunity and Officer Liability

• Qualified immunity protects government officials from civil lawsuits
• Shields officers from liability unless they violate clearly established constitutional rights
• Intended to allow officers to perform duties without fear of constant litigation
• Critics argue it creates a barrier to holding officers accountable for misconduct
• Does not apply to criminal prosecutions or departmental disciplinary actions
• Recent reform efforts aim to modify or eliminate qualified immunity
• Civil rights lawsuits (Section 1983 claims) can proceed if qualified immunity is denied
• Courts use two-part test to determine if qualified immunity applies:
  • Whether a constitutional right was violated
  • Whether that right was clearly established at the time of the incident