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Chapter 10Police and the Law
Chapter 10Police and the Law
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Section 10.1Police and
the Constitution
Section 10.1Police and
the Constitution
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CHAPTER OBJECTIVESCHAPTER OBJECTIVESAfter completing this chapter, you will be able to:After completing this chapter, you will be able to:
1. Explain how the U.S. Constitution, Bill of Rights, and U.S. Supreme Court relate to law enforcement.
2. Understand the various types of laws.3. Distinguish between the exclusionary rule
and good faith exception.
1. Explain how the U.S. Constitution, Bill of Rights, and U.S. Supreme Court relate to law enforcement.
2. Understand the various types of laws.3. Distinguish between the exclusionary rule
and good faith exception.
continuedcontinued
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CHAPTER OBJECTIVESCHAPTER OBJECTIVESAfter completing this chapter, you will be able to:After completing this chapter, you will be able to:
4. See the differences in mere suspicion, reasonable suspicion, and probable cause.
5. Explain the requirements for a legal stop and frisk, search and seizure, and arrest.
6. Understand the concept of custodial interrogation.
4. See the differences in mere suspicion, reasonable suspicion, and probable cause.
5. Explain the requirements for a legal stop and frisk, search and seizure, and arrest.
6. Understand the concept of custodial interrogation.
continuedcontinued
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CHAPTER OBJECTIVESCHAPTER OBJECTIVESAfter completing this chapter, you will be able to:After completing this chapter, you will be able to:
7. Comprehend the legal principles that apply to identification procedures.
8. Explain how civil liability applies to policing.
7. Comprehend the legal principles that apply to identification procedures.
8. Explain how civil liability applies to policing.
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Bill of RightsBill of Rights
The Bill of Rights was created to prevent the government from abusing power.
The Bill of Rights was created to prevent the government from abusing power.
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Bill of RightsBill of Rights
Ten amendments to the Ten amendments to the Constitution that protect Constitution that protect American citizens from American citizens from
government.government.
Bill of Rights
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Bill of RightsBill of Rights
Amendments relevant to policing are:Amendments relevant to policing are:
FirstFourthSixthEighthFourteenth
FirstFourthSixthEighthFourteenth
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Fourteenth AmendmentFourteenth Amendment
The fourteenth amendment gave American citizens protection in both state and federal criminal cases.
The fourteenth amendment gave American citizens protection in both state and federal criminal cases.
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The U.S. Supreme CourtThe U.S. Supreme Court
The court that has had the greatest impact on law enforcement is the U.S. Supreme Court.
The court that has had the greatest impact on law enforcement is the U.S. Supreme Court.
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The U.S. Supreme CourtThe U.S. Supreme Court
The “court of last resort” for all The “court of last resort” for all cases that it hears, which means cases that it hears, which means
that all cases decided by the that all cases decided by the Supreme Court cannot be appealed Supreme Court cannot be appealed
again; the final interpreter of all again; the final interpreter of all constitutional matters.constitutional matters.
U.S. Supreme Court
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The U.S. Supreme CourtThe U.S. Supreme Court
If an inmate’s request for an appeal is denied, the inmate can then petition the U.S. Supreme Court for a writ of certiorari.
If an inmate’s request for an appeal is denied, the inmate can then petition the U.S. Supreme Court for a writ of certiorari.
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The U.S. Supreme CourtThe U.S. Supreme Court
A written appeal to the Supreme A written appeal to the Supreme Court asking it to review a Court asking it to review a
particular case.particular case.
Writ of Certiorari
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Types of LawTypes of Law
The three types of law are:The three types of law are:
1. Criminal law2. Civil law3. Administrative law
1. Criminal law2. Civil law3. Administrative law
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Types of LawTypes of Law
The branch of law that defines The branch of law that defines crimes and punishments; also crimes and punishments; also
called called penal lawpenal law..
Criminal Law
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Types of LawTypes of Law
The branch of law that provides The branch of law that provides a means of controlling the a means of controlling the noncriminal relationships noncriminal relationships
between individuals, between individuals, businesses, or organizations.businesses, or organizations.
Civil Law
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Types of LawTypes of Law
The branch of law that provides The branch of law that provides the rules and regulations the rules and regulations
established by governments to established by governments to control the actions of industry, control the actions of industry,
business, and individuals.business, and individuals.
Administrative Law
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Types of LawTypes of Law
The two types of criminal law are:The two types of criminal law are:
1. Substantive law2. Procedural law1. Substantive law2. Procedural law
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Types of LawTypes of Law
The two ways in which laws are made are:The two ways in which laws are made are:
1. Statutory2. Case law1. Statutory2. Case law
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Types of LawTypes of Law
When a judges decide on a particular case, this sets a precedent.When a judges decide on a particular case, this sets a precedent.
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Types of LawTypes of Law
Past judicial decisions are Past judicial decisions are followed in making future followed in making future decisions; based on decisions; based on stare stare
decisisdecisis, which means “let the , which means “let the decision stand.”decision stand.”
Precedent
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A Closer Look at Civil LawA Closer Look at Civil Law
It is important for officers to understand civil law because:It is important for officers to understand civil law because:
Civil lawsuits are expensiveCivil lawsuits are embarrassingCivil lawsuits are avoidable if officers are trained in citizens’ civil rights
Civil lawsuits are expensiveCivil lawsuits are embarrassingCivil lawsuits are avoidable if officers are trained in citizens’ civil rights
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A Closer Look at Civil LawA Closer Look at Civil Law
Civil cases are represented by plaintiffs.
The wrong charged against the defendant is called a tort.
Civil cases are represented by plaintiffs.
The wrong charged against the defendant is called a tort.
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A Closer Look at Civil LawA Closer Look at Civil Law
Civil judgments do not punish defendants, but only require them to provided money or property as compensation.
Civil judgments do not punish defendants, but only require them to provided money or property as compensation.
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The three categories of torts are:The three categories of torts are:
1. Strict liability torts2. Intentional torts3. Negligence torts
1. Strict liability torts2. Intentional torts3. Negligence torts
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The four forms of police negligence are:The four forms of police negligence are:
1. Negligent operation of emergency vehicles
2. Negligent failure to protect3. Negligent failure to arrest4. Negligent failure to render assistance
1. Negligent operation of emergency vehicles
2. Negligent failure to protect3. Negligent failure to arrest4. Negligent failure to render assistance
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A Closer Look at Civil LawA Closer Look at Civil Law
To prove negligence, a plaintiff must prove the following elements:To prove negligence, a plaintiff must prove the following elements:
1. A legal duty2. Proof of a breach of duty3. Proximate causation4. Actual damage or injury
1. A legal duty2. Proof of a breach of duty3. Proximate causation4. Actual damage or injury
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10.110.1
?1. Which type of tort seems easiest to prove and why?
2. Define probable cause.
1. Which type of tort seems easiest to prove and why?
2. Define probable cause.
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End of Section 10.1Police and
the Constitution
End of Section 10.1Police and
the Constitution