Cecily Zamora
Case law has a significant impact on police powers and their ability to enforce laws and maintain public order. While the term police powers refers to the government's ability to enact laws for the public good, case law plays a crucial role in defining the boundaries of police authority and protecting citizens' rights. For example, in Terry v. Ohio, the Supreme Court ruled that police officers could stop and frisk individuals based on reasonable suspicion, but also ensured that this power was bounded by constitutional protections. Similarly, the exclusionary rule established in Mapp v. Ohio prevents illegally obtained evidence from being used in court. Other cases, such as Carroll v. U.S., further define police authority in conducting searches and seizures, while some cases, like District of Columbia v. Heller, deal with the interpretation of constitutional amendments that impact police powers. These court rulings shape how police officers operate and interact with citizens, highlighting the dynamic nature of case law in providing authority and setting limitations for law enforcement.
| Characteristics | Values |
|---|---|
| Police powers | The fundamental ability of a government to enact laws to coerce its citizenry for the public good |
| The capacity of the states and the federal government to regulate behavior and enforce order within their territory for the betterment of the health, safety, morals, and general welfare of their inhabitants | |
| The authority to establish aesthetic conditions for land use | |
| The prerogative to ban forms of gambling | |
| The power to destroy buildings to prevent the spread of a conflagration | |
| The power to compel obedience to laws through whatever measures they see fit, provided these measures do not infringe upon any of the rights protected by the United States Constitution or state constitutions, and are not unreasonably arbitrary or oppressive | |
| The power to stop and frisk a suspect on the street without probable cause to arrest, if there is a reasonable suspicion that the person has committed, is committing, or is about to commit a crime, and may be armed and dangerous | |
| The power to conduct a warrantless search of a vehicle stopped in traffic if there is probable cause to believe that the vehicle contains contraband or evidence | |
| The power to use deadly force to prevent the escape of a fleeing suspect if there is a good-faith belief that the suspect poses a significant threat of death or serious physical injury to the officer or others | |
| The power to issue orders to ensure the safety of officers, such as ordering a suspect to get out of a car during a lawful detention | |
| The power to apply the "exclusionary rule", where any evidence illegally obtained by the government cannot be used in court against the accused | |
| The power to establish the right to counsel for indigent defendants in non-capital cases | |
| The power to establish an irrebuttable presumption that a statement is involuntary if made during a custodial interrogation without the "Miranda Warnings" given |
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What You'll Learn
- Police can stop and frisk a suspect without probable cause if they have a reasonable suspicion and believe the person may be armed and dangerous
- Police can search a vehicle without a warrant if the arrestee is within reaching distance of the passenger compartment
- Police can enter without a warrant with third-party consent
- Police can use deadly force to prevent the escape of a fleeing suspect if the officer believes the suspect poses a significant threat
- Evidence obtained illegally by the government cannot be used in court against the accused
Police can stop and frisk a suspect without probable cause if they have a reasonable suspicion and believe the person may be armed and dangerous
The Fourth Amendment protects citizens from "unreasonable searches and seizures". However, the Supreme Court has ruled that 'stop and frisk' is an exception to this rule. In Terry v. Ohio (1968), the Court held that police officers can stop and frisk individuals without violating the Fourth Amendment, provided that the stop and frisk are based on:
- Reasonable suspicion,
- Good cause to believe, and
- Articulable suspicion.
The Court defined "reasonable suspicion" as "the sort of common-sense conclusion about human behavior upon which practical people...are entitled to rely". It requires facts or circumstances that give rise to more than a bare, imaginary, or purely conjectural suspicion. This means that any reasonable person would suspect that a crime was in the process of being committed, had been committed, or was going to be committed imminently.
The Court also clarified that a stop and frisk must be reasonable under the circumstances and comply with the Fourth Amendment, meaning it cannot be unreasonable. A reasonable stop-and-frisk is one where a prudent officer believes their safety or that of others is endangered, and they may then perform a quick pat-down of the suspect's outer clothing to search for weapons. The Court further stated that a stop-and-frisk is significantly less intrusive than a full-blown search and seizure, and that standards for stop and frisk must be developed to prevent abuse.
In Utah v. Strieff (2016), the Supreme Court held that when a police officer finds a "valid, pre-existing, and untainted arrest warrant" for an individual, any evidence obtained from a stop of that individual will be admissible in court, even if the stop would otherwise violate the Fourth Amendment. This means that evidence found during an unreasonable search, such as a dog sniff, is subject to the exclusionary rule and will be excluded from being introduced at trial.
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Police can search a vehicle without a warrant if the arrestee is within reaching distance of the passenger compartment
In the United States, the Fourth Amendment protects individuals from unreasonable searches and seizures. While warrantless searches are generally prohibited, there are exceptions.
One such exception is the "automobile exception," which recognises that individuals have a lower expectation of privacy in their vehicles than in their homes. Under this exception, police officers with probable cause to search a vehicle may conduct a warrantless search of the entire vehicle and its contents. Probable cause can be established through articulable facts warranting a reasonable belief that contraband or illegal items are present in the vehicle. For example, if an officer pulls over a motorist for speeding and sees an open bag containing what appears to be illegal drugs, the officer has probable cause to search the vehicle without a warrant for other drug-related items.
Another exception is the "search incident to a lawful arrest," which allows officers to search an arrestee and areas within their immediate control for officer safety. In New York v. Belton, the Supreme Court held that an officer could search the passenger compartment of a vehicle, including closed containers, when the officer has made a lawful custodial arrest of its recent occupant, as long as the passenger compartment is within reaching distance of the arrestee. This rule was later clarified in Arizona v. Gant, which held that a warrantless search of a vehicle incident to arrest is constitutionally permissible only if the arrestee is within reaching distance of the passenger compartment at the time of the search or if it is reasonable to believe the vehicle contains evidence of the offence of arrest.
It is important to note that not every police search requires a warrant, and warrantless searches may comply with the Fourth Amendment as long as they are reasonable. However, if police unlawfully search a vehicle without a warrant, permission, or a valid reason, they violate the constitutional rights of the vehicle's occupants, and any evidence obtained may be inadmissible in court.
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Police can enter without a warrant with third-party consent
Police officers generally require a warrant to enter a home. However, one exception to this rule is third-party consent. If a person with authority over the premises gives police permission to enter, they may do so without a warrant. This consent must be given voluntarily and by someone with the authority to do so. For instance, in the case of Steagald v. United States, the Supreme Court ruled that an arrest warrant does not grant police the authority to enter a third party's home to make an arrest. Instead, the police must obtain a search warrant or receive consent from the homeowner or another person in authority over the home.
In certain cases, police officers may enter a home without a warrant if they have a reasonable belief that someone inside is in danger or requires immediate aid. This is known as the emergency doctrine or exigent circumstances, which allow police to enter a home without a warrant to provide aid or address an immediate threat to life or safety. For example, in the case of Michigan v. Summers, the Court held that officers could detain the occupant of a house without requiring probable cause or a reasonable basis, as it was justified by law enforcement interests in minimizing the risk of harm to officers, facilitating entry, and preventing flight.
Another exception to the warrant requirement is the plain view doctrine, where police officers are lawfully in a position to see evidence of a crime in plain sight. For example, if police officers are responding to a call for service and observe illegal items such as drugs or weapons in plain view, they can enter the home without a warrant to seize the items. However, search warrants must be accompanied by a supporting affidavit detailing the evidence in plain view.
It is important to note that individuals have the right to refuse entry to police officers if they do not have a warrant. In such cases, individuals can politely inform the officers that they do not consent to the search and ask for the reason for their entry. If individuals believe that police officers have entered their home illegally, they can seek legal advice and file a formal complaint with the police department, triggering an internal investigation into the officers' conduct.
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Police can use deadly force to prevent the escape of a fleeing suspect if the officer believes the suspect poses a significant threat
In the United States, case law gives police officers the authority to use deadly force to prevent the escape of a fleeing suspect under certain circumstances. The use of deadly force is a highly contentious issue, and while officers are generally entrusted with well-reasoned discretion in determining the appropriate use of force, there are legal limits to their power.
The Fourth Amendment of the U.S. Constitution and the Tennessee v. Garner case in 1985 are pivotal in understanding when police can use deadly force. Tennessee v. Garner established that the Fourth Amendment prohibits the use of deadly force against a non-violent, unarmed, and nondangerous fleeing suspect. The Supreme Court held that an officer may not use deadly force solely to prevent the escape of such a suspect. The Court recognised that while it is unfortunate when a suspect escapes, this does not always justify killing them.
However, the Court also stated that deadly force may be justifiable if the officer has probable cause or a good-faith belief that the fleeing suspect poses a significant threat of death or serious physical harm to the officer or others. This means that officers must reasonably believe that the individual poses an imminent threat of serious bodily harm or injury. The Court's decision in Tennessee v. Garner highlights the importance of balancing the suspect's rights under the Fourth Amendment with the government's interests in effective law enforcement.
The case of Graham v. Connor in 1989 further elaborated on the use of force by officers. The Supreme Court held that the appropriateness of force "requires careful attention to the facts and circumstances of each particular case", including the severity of the crime, the immediate threat posed by the suspect, and whether the suspect is actively resisting or evading arrest. This case underscores that officers should only use the level of force that a reasonable officer would deem necessary under similar circumstances.
In summary, while police officers have the authority to use deadly force to prevent the escape of a fleeing suspect, this power is not absolute. Officers must believe that the suspect poses a significant threat of harm to themselves or others and must consider the specific circumstances of each case. The use of deadly force is a last resort, and officers are expected to explore alternative, less-lethal options whenever possible.
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Evidence obtained illegally by the government cannot be used in court against the accused
In the United States, the exclusionary rule is a legal principle that prevents evidence obtained in violation of a defendant's constitutional rights from being used in a court of law. This rule is grounded in the Fourth Amendment, which protects citizens from unreasonable searches and seizures, and the Fifth Amendment, which states that no person "shall be compelled in any criminal case to be a witness against himself".
The exclusionary rule acts as a deterrent to law enforcement officers, aiming to prevent them from conducting searches or seizures that violate the Fourth Amendment. It also provides remedies to defendants whose rights have been infringed. For example, in Miranda v. Arizona, the exclusionary rule was applied to improperly elicited self-incriminatory statements gathered in violation of the Fifth Amendment, and to evidence gained when the government violated the defendant's Sixth Amendment right to counsel.
However, the exclusionary rule does not apply in all cases. Courts have carved out several exceptions where the costs of excluding evidence outweigh its deterrent or remedial benefits. For instance, under the good-faith exception, evidence obtained by officers who reasonably rely on a search warrant that is later found to be invalid is not excluded. Similarly, in Davis v. U.S., the Supreme Court ruled that the exclusionary rule does not apply when police conduct a search based on binding appellate precedent allowing the search.
Another exception is the "inevitable discovery" doctrine, established in Nix v. Williams. This doctrine states that if evidence obtained through an unlawful search would have inevitably been found by legal means, it may still be used in court. Additionally, some courts recognize an "expanded" doctrine, where a partially tainted warrant is upheld if, after excluding the tainted information, the remaining untainted information establishes probable cause.
While the exclusionary rule provides an important safeguard for defendants' rights, it is not without its limitations. The rule does not apply in civil cases, including deportation hearings, and it does not bar the introduction of all evidence obtained in violation of constitutional amendments. Furthermore, illegally obtained evidence may be admissible in certain situations, such as when used to attack a defendant's credibility on cross-examination or when obtained by private persons and not government officials.
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Frequently asked questions
Police power is the capacity of the state and federal governments to regulate behaviour and enforce order within their territory for the betterment of the health, safety, morals, and general welfare of their inhabitants.
In American Print Works v. Lawrence (1850), the New Jersey Supreme Court held that a particular officer is authorised to destroy buildings if necessary to prevent the spread of a conflagration. In the Slaughterhouse Cases (1872), the U.S. Supreme Court upheld a New Orleans law requiring slaughterhouses to move to the outskirts of the city to maintain cleanliness and health.
The Fourth Amendment of the U.S. Constitution protects citizens from unreasonable searches and seizures. Under this amendment, police officers may stop and frisk a suspect on the street without probable cause to arrest if they have a reasonable suspicion that the person has committed, is committing, or is about to commit a crime, and they may believe the person may be armed and dangerous.
Some key cases include Mapp v. Ohio (1961), which applied the "exclusionary rule" to the states, preventing the use of illegally obtained evidence in court; Gideon v. Wainwright (1963), which ruled that indigent defendants have a right to court-appointed counsel in non-capital cases; and Miranda v. Arizona (1966), which established an irrebuttable presumption that a statement is involuntary if made during a custodial interrogation without Miranda Warnings given.
Case law on police conduct is continually evolving and revisited. Police agencies benefit from educating the public about key Supreme Court cases that influence laws around police use of force and search and seizure. Understanding these cases helps to clarify police actions and ensure that police misconduct is addressed effectively.
