Arrests An officer of the law has a great deal of power, and it is helpful for civilians to know what rights they have when approached or stopped by an officer. It is also important to understand the difference between being stopped and being arrested. Individuals should also be aware of the laws regarding search and seizure of property. Generally, an officer of the law is permitted to stop a person to ask questions but unless there is an intervening circumstance, the person is not obliged to answer and may remain silent. If, however, there is a reason for the stop that is obvious (such as, a robbery, terrorist attack, or other incident had just occurred nearby), or if the person was engaged in activity that might be construed as suspicious, then the person should cooperate with the police. If the person continues to remain silent, the officer might have probable cause to place the person under arrest. A person is only under arrest in the legal sense when the officer reads the Miranda...
The individual should respond deferentially, or else risk being viewed as a suspect and actually be arrested. In the examples given, the officer's raised voice, and especially the officer's body language in standing between the person and the car, can both be understood as displays of authority. The individual is not yet under arrest, but the law enforcement officer is looking for cooperation. It is up to the individual to decide whether to cooperate, or to succumb to an actual arrest in which the Miranda Rights are being read.
arresting officer what crimes would you charge him with? If one were the arresting officer, it appears as though the only charges that this individual could be charged with would be grand theft auto. If you were the defense attorney what argument(s) in court do you make in court challenging the police stop of your client? As the client's defense attorney, one area of defense that I would no doubt engage in,
Many times, police officers are attacked or the prisoners themselves are injured during this booking process. The deaths and injuries, specifically of prisoners belonging to ethnic minorities, have triggered conflicts between the police and the community in recent years. Studies showed that the separation of the arresting officer and the suspect appeared to lessen the rate of reoccurrence. The studies recommended an evaluation of procedures and reinforcement (Community Relations
By comparison, more proactive, crime-focused, or zero tolerance policing strategies make discretion more difficult to control administratively for several reasons. Specifically, proactive officers generally function more autonomously in choosing where to initiate police action; consequently, they are involved in much higher proportions of serious criminal matters, requiring many more spontaneous opportunities to exercise discretion. As a general rule, proactive police officers engaged in crime prevention-focused administrative strategies encounter more dangerous situations and
Law Enforcement The use of deadly force by the officer raises issues of reasonableness and due process under the Fourth and Fourteenth Amendments, respectively, as discussed by the U.S. Supreme Court in Tennessee v. Garner (1985, 471). The use of deadly force is a seizure and thus protected by the Fourth Amendment. Its use during policing activities must therefore be balanced against the rights of the suspect, by remaining within
incarceration of minorities, most prominently black males and its effect on communities with black males. It begins with making a bold statement. "The number of people incarcerated in the United States has grown seven times over the past 40 years, and this growth has been concentrated among black men with little education" (Goffman, 2009, p. 339). Goffman makes a direct correlation with lack of education and incarceration for black
Better still, don't let it happen. (para. 61) In the United States, citizens take a dim view of unbridled police powers. They were condemnatory of Samuel a. Alito, a young U.S. President Ronald Reagan administration lawyer, and Supreme Court nominee, who took an expansive view of government law-enforcement powers in manycases where he was called upon to balance the prerogatives of police and prosecutors with the rights of individuals, according
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