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Police Discretion Research Paper

632 Words3 Pages

UNRESTRICTED USE OF DISCRETION

However, a dominant problem with the use of discretion is found in its unrestricted use. Use of discretion causes the violation of individual human rights, specifically those demanding equal protection and due process of the law, safeguard from unreasonable stop searches, seizures, and safeguard against compelled self-incrimination.

STOP AND SEARCH ON TODDLERS

In addition, the fact that the police have made excessive use of its non-statutory powers to search tens of thousands of children, without any evidence they had committed a crime is another dominant problem. Police have used controversial stop and search powers on nearly 300 toddlers over the last five years, new figures have disclosed. The development is thought to reflect a trend for adult or teenage criminals to conceal illegal items such as guns, knives and drugs on young children in a bid to avoid detection. A …show more content…

Police power to stop and search individuals in England and Wales is governed by ss. 1 and 2 of PACE, Code of Practice A (CoP), section 60 (s60) of the Criminal Evidence Act 1984 and section (s47) of the Terrorism Act 2000 (which replaced the powers of stop and search under section 44 (s44) of the same Act). Police officers have the power to stop and search individuals under these Legislations.

The police are however restricted in certain situations to stop and search. Under ss. 1 and 2 and Cop A, a police officer may search vehicles or persons and detain any vehicle or persons for the purpose of the search. The search can only be carried out to look for certain items, most importantly stolen items and prohibited items. A police officer may only stop and search an individual if they have reasonable grounds for suspecting that they will find stolen or prohibited

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They have also said that it is reasonable for any officer to do an immediate area search of where that individual is to make sure that they can not grab anything for a weapon like for example a knife. The Supreme Court clearly notes in its opinion that such searches have to happen in the immediate area of arrest and any such search outside that area must be made with a search warrant. In Chimel case the officers could have patted down Chimel and then done a search of the immediate area to make sure that no weapons were hiding around. But once they began looking all around the house that requires a search warrant. The Supreme Court reversed the California Supreme Court’s

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United States v. Place, 462 U.S. 696 (1983) Capsule Summary: Seizing a person’s luggage for an extended period until a warrant is obtained violates the Fourth Amendment as beyond the limits of a Terry stop, but, a sniff by a narcotics dog does not constitute a search for Fourth Amendment purposes. Facts: The respondent Raymond Place was stopped by Federal Agents (DEA) upon his arrival into LaGuardia Airport on a Friday afternoon. The respondent refused to consent to the search of his luggage. His luggage was seized by the agents under suspicion they contained narcotics. The respondent was informed the agents would be obtaining a search warrant from a judge.

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This case is freedom vs order argument. They say that the vice-principal had the constitutional right to search the bag, he had reasonable suspicion and that is the magic word that gives students expectation of privacy while balancing it with law and order of the school. The court goes on to say that he’s further not violating the constitution because once he saw the evidence, it was in plain view and theirs a plain view doctrine which is another exception to the fourth amendment which

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PC Williams asks for him to stop but he ignores him and breaks into a jog.’ Therefore, applying S.1 ss (1.4) to the above facts, account that PC Williams have the power to carry out a search under S.1 of PACE Code; and consequently contradict S.1 ss (1.5) which states that ‘an officer must not search a person, even with his or her consent, where no power to search is

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____, 2009 U.S. Lexis 3120 (2009) , used the standards outlined in Katz v. United States, 389 U.S. 347, 357, 88 S. Ct. 507, 19 L. Ed. 2d 576 (1967) which states “searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment – subject only to a few specifically established and well-delineated exceptions.” The court also used Weeks v. United States 232 U.S. 383, 392, 34 S. Ct. 341, 58 L. Ed. 652, T.D. 1964 (1914), which states that a search incident to an arrest is among one of the exceptions to the warrant requirement.

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The Supreme Court in view of crime and other dangers-offers police mobility in containing crime. In response to the crime in the early 1960’s, Orlando W. Wilson states how police in order to discover and eliminate crime, they must have the authority to question suspects under “reasonable suspicion and search a suspect on reasonable ground.” Usually when a Police officer needs to hold someone in arrest or search a suspect they must have a warrant. This idea proposed by Wilson is to search or talk with a suspect without a warrant only when provided by reasoning that said suspect producing suspicious behavior. This may seem as too much power in the hands of the police but this suggestion does not justify searching anyone and everyone.

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The Police and Criminal Evidence Act 1984 is a important act for the private investigator to be aware of, it can have significant advantages and disadvantages to how your investigations/assignments turn out. The PACE covers all areas such as powers of stop and search, powers to search premises, arrest, questioning, identification of suspects, tape recording etc. The Act also provides a clear statement of the rights of the individual and the powers of the police towards that individual in differing circumstances. This will be vital to our work as a private investigator to know where we stand in many areas, should we have any dealings with the police in our work, we will have the advantage of knowing if the police officers are within their rights

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The Fourth Amendment protects persons against unreasonable searches and seizures. Police deal with search and seizure incidents on a daily basis; unfortunately, numerous mistakes are made and lawsuits result from this type of citizen interaction. One way to prevent an unnecessary lawsuit is to get a search warrant. What if that is not applicable to your situation? There are several search warrant exceptions that may be applied to most investigative incidents.

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Ohio (1961), the Supreme Court trusted that the Constitution charged the exclusionary rule as a remaking of a Fourth Amendment infringement. They saw the truths of the sample, the exclusionary rule which was the assurance of somebody 's protection furthermore required by the Due Process which portrayed the Fourteenth Amendment. The rule stated three purposes by the Mapp Court, the right given by the constitution and stated that when police admitted that they were at fault, judges then extended the violations in court. This would stop misconduct for negligence since the case of Mapp the Supreme Court has seized out many exceptions to the exclusionary rule. I would agree with exclusionary rule, searches are easy to get permission from most defendants.

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