Chapter 13
Police and the Law
Learning Objectives
LO1 Describe how U.S. crime statistics are measured and analyzed.
LO2 Describe how the Bill of Rights and the U.S. Supreme Court regulate the actions of the
police, and discuss the changing philosophy of the U.S. Supreme Court regarding arrests, search
and seizure, warrant requirements, custodial interrogation, and identification procedures.
Lesson Plan
Correlated to PowerPoints
I. Crime in the United States
Learning Objective 1: Describe how U.S. crime statistics are measured and analyzed.
A. The Judicial Process
See Assignment 1
1. The Federal System
2. The State System
B. How Do We Measure Crime?
2. National Crime Victimization Survey (NCVS)
3. Two major methods are used to measure crime in the United States: (1) the
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See Assignment 2
C. How Much Crime Occurs in the United States?
2. The NCVS data are based on results of interviews with people, many of whom
D. Arrests in the United States
1. For reporting year 2015, the U.S. police made about 10.8 million arrests for all
E. Crime and Punishment
1. Malum in se: a crime that is wrong in itself
II. The Police and the U.S. Constitution
Learning Objective 2: Describe how the Bill of Rights and the U.S. Supreme Court regulate the
actions of the police and discuss the changing philosophy of the U.S. Supreme Court regarding
arrests, search and seizure, warrant requirements, custodial interrogation, and identification
procedures.
A. The Bill of Rights and the Fourteenth Amendment
1. The first 10 amendments to the Constitution form the basis of our criminal justice
2. The due process clause is that section of the Fourteenth Amendment that protects
3. The U.S. criminal justice system is based on the Bill of Rights, the first 10
amendments to the U.S. Constitution. Five of the first 10 amendments specifically
B. The Role of the Supreme Court in Regulating the Police
2. Most Supreme Court cases regarding criminal justice try to strike a balance
3. In police matters, the Supreme Court hears cases on appeal from people who have
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4. Certain significant cases, such as Mapp v. Ohio and Miranda v. Arizona, are
known as landmark cases and can bring about changes in police procedures.
Media Tool
“Miranda v. Arizona”
http://www.uscourts.gov/educational-resources/get-involved/constitution-activities/fifth-
amendment/miranda-criminal-defense/facts-case-summary.aspx
o Article: United States Courts—Facts and Case Summary
o Discussion: Discuss the article. What are the issues in the cases presented? How did the
court decide? Do you agree with the decision?
C. The Exclusionary Rule
Class Discussion/Activity:
What is the exclusionary rule? Discuss its history through several landmark U.S. Supreme Court
cases.
1. Definition
a. Evidence seized in violation of the U.S. Constitution cannot be used in
court against a defendant.
2. Weeks v. United States
a. First case in which the exclusionary rule was used (1914)
What If Scenario
You are in court with the prosecutor to contest a motion to suppress evidence you collected during
a search. Explain the “silver platter doctrine” and why you should be allowed to keep the evidence.
i. Federal prosecutors were allowed to use “tainted” evidence
obtained by state police officers seized through unreasonable
searches and seizures, provided that the evidence was obtained
without federal participation and was turned over to federal
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3. Wolf v. Colorado
a. The Supreme Court would not impose federal standards (the
4. Rochin v. California
a. Upon seeing Rochin place what the police believed to be narcotics into
5. Mapp v. Ohio
6. Impact of the Exclusionary Rule on the Police
a. Many police officers and citizens feel that the exclusionary rule is
unfair—that it is pro-criminal and antipolice. They feel that the rule
III. The Police and Arrest
Learning Objective 3: Identify, through exploration of case law, current standard police
procedures in arrests.
A. Probable Cause
1. Probable cause can be defined as evidence that may lead a reasonable person to
believe that a crime has been committed and that a certain person committed it.
3. More than reasonable suspicion
4. Most of the arrests made by the police are based on the probable cause standard.
B. Reasonable and Deadly Force in Making Arrests
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1. Reasonable force is that amount of force necessary to overcome resistance by the
person being arrested by the police.
Media Tool
“Use of Force”
http://www.abc17news.com/news/attempting-to-take-an-officers-weapon-can-warrant-deadly-
force/27485056
o Video: Attempting to take an officer’s weapon can warrant deadly force
o Discussion: Discuss this video. What do you believe about the use of deadly force by
police? Do you believe the reasons to use deadly force are reasonable?
2. The use of deadly force (force sufficient to cause a person’s death) is generally
permitted:
What If Scenario
You are the training officer for your department. Your chief has asked you to develop a new
procedure for use of force for your department. What will be in this use of force police regarding
the use of deadly force?
a. When an officer’s life or another’s life is at peril from the person against
whom the deadly physical force is directed
C. Police Traffic Stops
1. Greet and show identification
3. Ask the driver for identification
5. Take the stated action
7. Leave
IV. The Police and Search and Seizure
Learning Objective 4: Discuss the state of current law regarding search and seizure.
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Class Discussion/Activity:
The Fourth Amendment provides protection against unreasonable searches and seizures. What
would constitute a reasonable search?
A. Search and seizure
See Assignment 3
What If Scenario
Your agency has been the subject of various media reports regarding excessive use of force and
illegal searches and seizures. The courts have upheld all these cases. Your chief has asked you to
prepare a training bulletin for the agency discussing use of force and search and seizure. What will
your training bulletin contain? What will you stress?
1. Searching for and taking of persons and property as evidence of crime by law
enforcement officers
2. Police searches are governed by the Fourth Amendment, which prohibits all
See Assignment 4
B. Canine Sniffs
2. The Court explained that the dog’s alert to the presence of drugs created probable
cause for the issuance of a search warrant for drugs.
Media Tool
Police Chief Magazine
http://www.policechiefmagazine.org/chiefs-counsel-
supreme-court-confirms-dog-sniff-of–car-during-a-
traffic-stop–is-not-a-fourth-amendment-search/
o Article: Chief’s Counsel: Supreme Court Confirms Dog Sniff of
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view of the Supreme Court decision. Do you agree or disagree?
Why or Why not?
1. An order from a court, issued by a judge, authorizing and directing the police to
2. Generally, to get a search warrant, a police officer prepares a typed affidavit
applying for the warrant and then personally appears before a judge.
3. The judge signs the order if in agreement that there is probable cause that certain
4. Exigent circumstances: one of the major exceptions to the warrant requirement of
the Fourth Amendment. Exigency may be defined as “emergency”
B. Exceptions to the Warrant Requirement
Class Discussion/Activity:
List several of the exceptions to the warrant requirement in search and seizure cases, and cite
and discuss several U.S. Supreme Court cases to illustrate the exceptions.
2. Field Interrogations (Stop and Frisk)
a. Terry stop
What If Scenario
You agency is trying to reduce crime in the neighborhoods of your community. You are using a
“stop and frisk” procedure that is generating some controversy. What case(s) would you reference
to support your policy?
3. Exigent Circumstances
a. To prevent escape
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4. Consent Searches
5. Plain View
6. Abandoned Property
7. Inventory
9. The Automobile Exception
a. Carroll doctrine
11. Good Faith
13. Searches by Private Persons
14. The major exceptions to the warrant requirement of the Fourth Amendment are:
abandoned property, automobile exception, border searches, computer error,
consent, exigent circumstances, field interrogations, good faith, incident to arrest,
inventory, open fields, and plain view.
VI. The Police and Custodial Interrogation
Learning Objective 6: Discuss custodial interrogation and Miranda.
• The U.S. Supreme Court has recognized two constitutional sources of the right to counsel
during interrogation: the Court’s interpretation in Miranda v. Arizona of the Fifth
Class Discussion/Activity:
The U.S. Supreme Court holds the public’s safety in high regard. What is meant by the public
safety exception to the Miranda warning?
A. The Path to Miranda
2. The Prompt Arraignment Rule
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3. Entry of Lawyers into the Station House
B. The Miranda Ruling
Class Discussion/Activity:
Describe the development of the requirement to be advised of one’s constitutional rights before
police interrogation when in police custody. Cite and discuss several U.S. Supreme Court cases to
show the changes in police interrogation procedures over time.
1. Prior to any interrogation of a person in custody, the police must do the following:
a. Advise the suspect that he or she has the right to remain silent.
b. Advise the suspect that anything he or she says can and will be used in
See Assignment 6
C. The Erosion of Miranda
1. Harris v. New York
3. Brewer v. Williams
5. New York v. Quarles
7. Moran v. Burbine
9. Pennsylvania v. Muniz
11. Minnick v. Mississippi
13. Withrow v. Williams
a. Habeas corpus
15. Stansbury v. California
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D. The Dickerson Ruling and Beyond
1. The Supreme Court ruled that Miranda was a constitutional decision that cannot
be overruled by an act of Congress
a. Texas v. Cobb
E. Police and Surreptitious Recording of Suspects’ Conversations
1. The surreptitious recording of suspects’ conversations is an effective investigative
2. To avoid a Sixth Amendment problem, this technique should not be used after
formal charges have been filed or the initial appearance in court, unless the
conversation:
3. To avoid conflicts with both Fourth Amendment and Title III of the Omnibus
Crime Control and Safe Streets Act, suspects should not be given any specific
assurances that their conversations are private
VII. Police Eyewitness Identification Procedures
Learning Objective 7: Identify and discuss the reliability of eyewitness identification and other
identification procedures.
A. Lineups, Showups, and Photo Arrays
Class Discussion/Activity:
Explain the differences between lineups, showups, and photo arrays. Give an example of how each
one can be legally used.
1. Lineup
a. Placing of a suspect with a group of other people of similar physical
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2. Showup
a. Bringing a suspect back to the scene of the crime or another place (for
3. Photo array
a. Similar to a lineup, except that photos of the suspect (who is not in
B. Other Identification Procedures
1. Schmerber v. California and Missouri v. McNeely (forced extraction of blood by a
doctor)
3. United States v. Dionisio (voice sample)
5. Eyewitness Identification
VIII. Summary
Lecture Notes
1. What are the two main methods by which we measure crime?
2. Can a police officer randomly stop a vehicle?
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3. What is the difference between a hunch and reasonable suspicion?
Police officers get hunches about things routinely. Remember that police officers are extremely
4. If a police officer does not read a suspect his or her rights, will the case be dismissed?
This is a misconception brought about due to television. The Miranda warning only relates to
Key Term
arrest The initial taking into custody of a person by law enforcement authorities to answer for a
Carroll doctrine Based on the landmark 1925 U.S. Supreme Court case Carroll v. United States,
the legal doctrine that automobiles have less Fourth Amendment protection than other places. (p.
castle doctrine Reflects the English common law practice that a person’s home is his or her
castle; codified in the Fourth Amendment to the U.S. Constitution. (p. 419)
crime Any act that the government has declared to be contrary to the public good, that is
declared by statute to be a crime, and that is prosecuted in a criminal proceeding. In some
jurisdictions, crimes only include felonies and/or misdemeanors. (p. 399)
custodial interrogation The questioning of a person in police custody regarding his or her
exclusionary rule An interpretation of the U.S. Constitution by the U.S. Supreme Court that
holds that evidence seized in violation of the U.S. Constitution cannot be used in court against a
exigent circumstances One of the major exceptions to the warrant requirement of the Fourth
Amendment. Exigency may be defined as “emergency.” (p. 424)
field interrogation Unplanned questioning of an individual who has aroused the suspicions of
habeas corpus A writ requiring that an arrested person be brought before a court to determine
whether he or she has been legally detained. (p. 446)
judicial review Process by which actions of the police in areas such as arrests, search and
seizure, and custodial interrogations are reviewed by the court system to ensure their
lineup Police identification procedure involving the placing of a suspect with a group of other
people of similar physical characteristics so that a witness or victim of a crime can have the
opportunity to identify the perpetrator of the crime. (p. 453)
malum in se An act that is “wrong in itself”—that is, illegal in its very nature because it violates
the natural, moral, or public principles of a civilized society. Compare to malum prohibitum, an
malum prohibitum A “wrong due to being prohibited”—an act that is made a crime by statute.
Compare to malum in se, an act that is illegal based on English common law and obvious
violations of society’s standards. (p. 402)
Miranda rule (Miranda warnings) Rule established by the U.S. Supreme Court in the landmark
case Miranda v. United States (1966) that requires the police to advise suspects confronting
custodial interrogation of their constitutional rights. (p. 440)
National Crime Victimization Survey (NCVS) National Institute of Justice survey of a random
sample of U.S. households, asking them if a crime was committed against anyone in the
photo array Police identification procedure similar to a lineup, except that photos of the suspect
(who is not in custody) and others are shown to a witness or victim of a crime. (p. 453)
plain view evidence Evidence seized by police without a warrant who have the right to be in a
probable cause Evidence that may lead a reasonable person to believe that a crime has been
committed and that a certain person committed it. (p. 412)
reasonable force The amount of force an officer can use when making an arrest. (p. 414)
reasonable suspicion The standard of proof that is necessary for police officers to conduct stops
search and seizure Legal concept relating to the search for and confiscation of evidence by the
search warrant A written order, based on probable cause and signed by a judge, authorizing
police to search a specific person, place, or property to obtain evidence. (p. 423)
showup Police identification process involving bringing a suspect back to the scene of the crime
or another place (for example, a hospital where an injured victim is) where the suspect can be
seen and possibly identified by a victim or witness of a crime. (p. 453)
silver platter doctrine Legal tactic that allowed federal prosecutors to use evidence obtained by
stop and frisk The detaining of a person by law enforcement officers for the purpose of
investigation, accompanied by a superficial examination of the person’s body surface or clothing
Terry stop Based on the U.S. Supreme Court decision in Terry v. Ohio, the standard for allowing
police officers to perform a stop and frisk (pat down) of a suspect. (p. 429)
third degree The pattern of brutality and violence used by the police to obtain confessions by
Uniform Crime Reports (UCR) Yearly collection of aggregate crime statistics prepared by the
FBI based upon citizens’ reports of crimes to the police. (p. 401)
Assignments
1. Research the judicial process in your state. How does it compare to other states? Where
2. Go to the FBI’s website and click on the UCR report. Look up the crime statistics for
3. Research Florida’s “warning shot” legislation passed in 2014. Do you agree or disagree
with opponents who have said this legislation will open up a Pandora’s box of legal
problems? Explain your position. [LO 4]
4. Research and describe the Supreme Court’s position on police use of electronic devices
5. Cite Supreme Court decisions related to consent searches and explain how the decisions
6. Research the case of Miranda v. Arizona. What evidence was suppressed and what
difference did it make in the end? Prepare a brief summary of the effect of Miranda on