Kara Sears
Case law is an important aspect of police work, and officers are expected to know and understand various rulings that can affect their conduct while on duty. For example, the Fourth Amendment, which protects citizens from unreasonable searches and seizures, is often cited in cases involving police officers. In addition, officers should be aware of the Fifth Amendment, which states that defendants must be informed of their rights before interrogation. Other notable cases include Miranda v. Arizona, which outlines the rights of defendants in custody, and Terry v. Ohio, which permits officers to briefly detain individuals based on reasonable suspicion. Furthermore, cases such as Graham v. Connor set a precedent for evaluating the use of force by officers, while Rodriguez v. United States limits the duration of traffic stops. These are just a few examples of case law that law enforcement officers should be familiar with to ensure they are acting within their legal boundaries.
| Characteristics | Values |
|---|---|
| Juveniles' rights | Due process requires adequate and timely notice, right to counsel, the privilege against self-incrimination, and the right to a hearing with sworn testimony subject to the opportunity for cross-examination |
| Reasonable suspicion | Officers can briefly detain a person based on reasonable suspicion of criminal activity, and perform a limited "frisk" search without a warrant if they have articulable facts that the person could be armed |
| Traffic stops | The objective, not subjective, reasons for making traffic stops should be considered, and the factors adding up to reasonable suspicion should be evaluated as a whole |
| Searches without warrants | Police may conduct a warrantless search of a vehicle if there is probable cause to believe it contains contraband or evidence |
| Exclusionary rule | Evidence illegally obtained by the government cannot be used in court against the accused |
| Right to counsel | Indigent defendants have a right to court-appointed counsel in non-capital cases as well as capital cases |
| Interrogation | Defendants in custody must be warned of their right to remain silent and their right to speak with an attorney before interrogation, and they must voluntarily and intelligently waive these rights for statements to be admissible as evidence |
| Search and seizure | The seizure of contraband detected through an officer's sense of touch during a protective pat-down search is permitted |
| Use of force | All uses of force, deadly or not, are held to an "objective reasonableness" standard, considering the severity of the crime, whether the suspect resisted arrest, and whether the suspect posed an immediate threat |
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What You'll Learn
Miranda rights
The concept of "Miranda rights" was established in 1966 following the Miranda v. Arizona Supreme Court decision, which found that Ernesto Arturo Miranda's Fifth and Sixth Amendment rights had been violated during his arrest and trial for armed robbery, kidnapping, and rape. Miranda was subsequently retried and convicted, based primarily on his estranged ex-partner's testimony.
The Miranda Warning, also known as being "Mirandized", is clear and direct:
> You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?
Some police departments add the following sentence: "We have no way of giving you a lawyer, but one will be appointed for you, if you wish, if and when you go to court."
If a suspect has been Mirandized and they waive their rights, they can change their mind at any time and plead the Fifth, meaning they no longer wish to answer questions.
Miranda warnings are not required when the suspect is unaware that they are speaking to a law enforcement officer and gives a voluntary statement. Undercover officers are also not required to give suspects a Miranda warning prior to asking questions that may elicit incriminating responses.
If a suspect speaks to police before invoking their Miranda right to remain silent, or at any point during interrogation or detention, their words may be used against them if they have not stated that they do not want to speak to police.
Miranda warnings are now embedded in routine police practice and are considered part of US national culture. While arrests and interrogations can legally occur without the Miranda warning being given, this procedure would generally make the arrestee's pre-Miranda statements inadmissible at trial.
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Search and seizure
An unreasonable search and seizure is one that is conducted without a valid warrant, without probable cause, or beyond the scope of the warrant. In the case of Mapp v. Ohio (1961), the court held that evidence obtained through an unreasonable search or seizure, known as the "fruit of the poisonous tree," cannot be introduced in criminal trials. This is known as the exclusionary rule. It's important to note that the exclusionary rule only applies to criminal trials and not other court proceedings, impeachment of evidence, or civil proceedings.
In certain situations, police officers are allowed to conduct warrantless searches, such as in exigent circumstances or when they have probable cause to believe that a felony has been committed. For example, in Arizona v. Gant (2009), the court ruled that police may search the passenger compartment of a vehicle incident to a recent occupant's arrest if it is reasonable to believe that the arrestee might access the vehicle or that it contains evidence of the offense. Similarly, in Arizona v. Johnson (2009), the court upheld the legality of "stop and frisks," where officers can conduct a pat down of a person's outer clothing for weapons if they have a reasonable suspicion that the person may be armed and dangerous.
It's worth noting that the exclusionary rule is often the defendant's only remedy when their rights have been violated during a search or seizure, as qualified immunity protects government officials from being personally sued. However, if a governmental officer executes a search or seizure based on a warrant that is later found to be invalid, but they objectively and reasonably relied on it, the evidence seized may still be admissible in court, as seen in United States v. Leon (1984).
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Juveniles' rights
Juvenile rights refer to the rights of children in the justice system. The first juvenile court was established in Cook County, Illinois, in 1899, recognising that children who commit crimes are less blameworthy and have a greater capacity for change than adults. This led to the creation of a separate system of criminal justice, known as the juvenile justice system.
The juvenile justice system has evolved significantly since its inception. Initially, proceedings were informal, with little public awareness and a lack of legal representation for defendants. Today, the juvenile justice system maintains rehabilitation as its primary goal, distinguishing itself from the criminal justice system. Most states define delinquency as the commission of a criminal act by a minor under the age of 18, allowing youth to remain under the supervision of the juvenile court until age 21.
The Juvenile Law Center has worked since 1975 to ensure that youth involved in the juvenile justice system have robust rights, access to education, developmentally appropriate treatment, and opportunities for a successful adulthood.
The US Supreme Court has played a pivotal role in extending constitutional rights to juveniles. In Re Gault (1967), the Court established that juveniles share several rights with adults, including the right to due process, the right to counsel, the privilege against self-incrimination, and the right to a hearing with sworn testimony subject to cross-examination. Following Gault, the Supreme Court extended additional rights, such as the right to have charges proven beyond a reasonable doubt and protection from double jeopardy.
However, juveniles are not accorded the full range of rights given to adult defendants. In McKeiver v. Pennsylvania (1971), the Supreme Court ruled that youth are not entitled to jury trials in juvenile court, reasoning that juvenile delinquents are not treated as criminals, and an intimate, informal proceeding is preferred. Nevertheless, several states have elected to provide youth with the right to a jury trial.
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Self-defence and firearms
The use of force and firearms by law enforcement officials is governed by a set of basic principles, which outline when and how they can be used. Law enforcement officials have a vital role in protecting the right to life, liberty, and security, as guaranteed in the Universal Declaration of Human Rights.
When it comes to self-defence, the use of firearms by law enforcement officials is permitted only under specific circumstances. Firstly, firearms can be used in self-defence or the defence of others when there is an imminent threat of death or serious injury, and only when less extreme means are insufficient to address the threat. This is also applicable in situations involving the custody or detention of individuals, where firearms may be used as a last resort to prevent the escape of a person who poses a significant threat.
The use of force and firearms by law enforcement officers during arrests is a complex issue. While suspects historically had the right to resist an unlawful arrest, the use of force must be proportional to the threat presented. In the case of State v. Rousseau (1952), the court acknowledged the historical context of unlawful arrests, which included long imprisonment, physical torture, and other dangers. However, in more recent cases, such as State v. Valentine (1997), the court recognised the changing nature of arrests and the protections in place for prisoners.
It is important to note that the use of force against a police officer is generally not justified, even in cases of unlawful arrests. In State v. Smits (1990), the court suggested that a defendant may be justified in exercising self-defence against a police officer if they reasonably believed they were in danger of serious bodily harm. Nonetheless, challenging unlawful police actions is an uphill battle, and it is always advisable to stay alive and fight the charges in court, rather than using physical violence against an officer.
When force is used by law enforcement officers, detailed reporting and documentation are required. This includes descriptions of the actions of the suspect, the specific force applied, the suspect's response, and any injuries sustained. This information is crucial for subsequent reviews and investigations, ensuring accountability and transparency in the use of force.
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Qualified immunity
The concept of qualified immunity is not new, but it has evolved over time through Supreme Court case law. For example, in District of Columbia v Heller (2008), the Supreme Court ruled that the Second Amendment protects an individual's right to possess a firearm, but that this right is not unlimited. This case clarified that the government could not ban handguns or require trigger locks for self-defence, as this would violate the Second Amendment.
Another case that has shaped qualified immunity is Terry v Ohio (1968), which established that an officer can briefly detain a person based on reasonable suspicion of criminal activity. The officer can also perform a limited "frisk" search of the person without a warrant if they have articulable facts that the person may be armed and dangerous. This case is often cited as an example of the "stop and frisk" practice that has been controversial in recent years.
While qualified immunity provides protection for law enforcement officers, it is not without limitations. For example, it does not protect officers from criminal prosecution. In the case of Samuel Landis, who was facing criminal charges, qualified immunity meant that the case was heard in federal court instead of state court. Additionally, between 2020 and 2021, three states passed laws that limit the availability of qualified immunity as a defence for police officers accused of violating a person's civil rights.
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Frequently asked questions
In Miranda v. Arizona (1966), the US Supreme Court ruled that defendants in custody must be warned of their right to remain silent and their right to an attorney before interrogation.
In Mapp v. Ohio (1961), the US Supreme Court ruled that any evidence obtained illegally by the government cannot be used in court against the accused.
In Graham v. Connor, the Court held that all uses of force, whether deadly or not, are judged by an 'objective reasonableness' standard. This standard considers the severity of the crime, whether the suspect resisted arrest, and the threat posed by the suspect to officers and the public.
Yes. In Terry v. Ohio (1968), the Court ruled that officers can briefly detain a person based on reasonable suspicion of criminal activity. Officers can also perform a limited 'frisk' search without a warrant if they have reason to believe the person may be armed.
In Anderson v. Creighton (1987), the US Supreme Court ruled that a federal law enforcement officer who conducts an unlawful search in violation of the Fourth Amendment is not personally liable for damages if a reasonable officer could have believed the search was lawful.
