Police Abuse Essay, Research Paper

Police Officers Overstep Their Rights When Searching Peoples

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One of the chief powers jurisprudence enforcement officers carry is the authorization to do citizens involuntarily give up their rights. Most people when confronted by constabularies get mild to chair panic reaction, can go nervous or dying, and do every bit much as possible to restrict the clip spent with the officer. Due to the difference in power between a citizen and a constabulary officer, citizens frequently unwittingly, give up their constitutional rights when an officer acts tough or toughs them ( Guidelines? 1 ) .

A common and about mundane happening of this state of affairs is the traffic halt.

The common modus operandi for this is as follows: A individual is pulled over for rushing. The officer approaches the auto and after look intoing the licence and enrollment asks if they have any illegal arms or drugs in the auto. When the citizen replies? no? the officer asks in the strongest most daunting linguistic communication that if he can look into that for himself. The officer may state? why Don? T you step out of your auto? or? so you would non mind if I took a expression in your bole? ? Many people merely follow with the petitions because they do non truly recognize that they have the right to state no ( Guidelines? 1 ) .

Numerous tribunal instances have been held sing the affairs of non lone constabularies seeking a auto but seeking your individual, the coach or develop a individual is on and even that individuals personal properties such as a bag, coffin nail instances or billfold without a warrant. A warrant is an absolute must to come in into your auto place or belongings. These types of

Police Officers Often Misuse and Overuse their powers when it comes to Conducting Searches on Persons or Property

instances really frequently prove that officers may take their power to far and frequently on intents ( Search Warrants Explained 1 ) .

The followers is an illustration of what could go on. A bull stops a hurrying auto, without a hunt warrant but intuition the police officer demands that the driver opens his bole. Upon making so he discovers the cadavers of a adult female and two kids. The adult male subsequently walks out of tribunal scot-free because the grounds was inadmissible. The Fourth Amendment had been violated ( Reynolds 59 ) .

Merely this past twelvemonth the Supreme Court of Iowa ruled nine to nil that officers could non seek a individual when merely composing them a traffic commendation. This came across in a instance in which an Iowa adult male was arrested after an officer pulled him over for rushing. Without the persons consent, the officer looked through his auto. ( Under the drivers seat the officer found a little sum of marihuana and the adult male was ordered 90 yearss in gaol. ) The instance was foremost tried in the Iowa Supreme Court where the tribunal ruled in favour of the officer five to four. The instance was so appealed to the United States Supreme Court where the state struck down Iowa? s opinion. The Chief Justice William Rehnquist stated? No farther grounds of inordinate velocity was traveling to be found either on the individual or in the car. ? Hopefully this will maintain officers from transgressing their boundaries in Iowa but merely in Iowa ( Epstein 1 ) .

Military officers many times like to intimidate citizens possibly because it makes them experience good or they think they will non acquire caught. Jean Benson is a sixty-one year-old grandma from Florida. She was driving through Louisiana when she was pulled over

Police Officers Often Misuse and Overuse their Powers when it comes to Conducting Searches on Persons or Property

by a police officer. ? Pop your trunk. ? Were the officer? s words? He brought out a piece of paper that? said? he had a right to seek her auto and that she was subscribing it voluntarily.

She so told him that she did non desire him to look through any of her personal properties. To this he replied, ? you will subscribe that piece of paper and we will seek your car. ? The police officer searched her auto and found nil. The aged adult female was so shaken by the incident that she cried for the following 100 stat mis ( Hallinan 1 ) .

The followers is an illustration of what happened merely outside of Allentown, Pennsylvania. A automobilist by the name of George Karnes was pulled over by province cavalryman Thomas Krutski for traveling 82 stat mis per hr in a 55 stat mi per hr zone. The cavalryman so wrote him a ticket for the discourtesy. This is where the halt should hold been over. Then the cavalryman asked to seek the auto. Karnes said no because there was no ground but the cavalryman did non allow him travel. Police are instructed that one time a automobilist refuses a hunt, constabulary must allow him travel. Then the officer called in a K-9 officer, who quickly arrived on the scene. The officer asked Karnes three separate times to seek the auto. All three times he refused so the officer so brought out the drug-sniffing Canis familiaris. Twice the Canis familiaris sniffed his manner around the auto. Both times the Canis familiaris found no sensing of drugs. Finally, two and a 30 minutes after he was foremost pulled over, the cavalrymans let George Karnes go ( Hallnian 2 ) . The procedure that merely took topographic point above was an illustration of constabularies transgressing their boundaries and easy intimidating common citizens for no evident ground.

Police Officers Often Misuse and Overuse their Powers when it comes to Conducting Searches on Persons or Property

Many other signifiers of torment occur by constabulary officers and even security officers. There are infinite incidents in which constabulary believe they have the right to seek your travel bags, baggage, bag, coach or train person is siting on, or even merely halt a individual for a Terry hunt when they are walking on the street.

In an Illinois instance more that half of the justnesss expressed concern over the power

that gives police the power to seek anyone who flees from constabulary. ( The instance argues that William Waldrow had the right to run when he saw four constabulary patrol cars drive by in a high offense vicinity. ) Police got out, chased him and found an illegal pistol in his ownership. The Illinois Supreme Court argued that constabulary would merely be entitled to a rap down hunt non a full organic structure hunt. Even Justice David Souter said that he to might hold fled in order? to acquire out of the manner? of what might happen between constabularies and other possible felons ( Mauro 1 ) . Justice John Paul Stevens expressed concern that if person was jaywalking, could he be entitled to a hunt by constabulary? ( Asseo 2 )

The following took topographic point in Bay County, Florida. A adult male by the name Tyvessel White was arrested for an irrelevant affair, after he was taken into detention, constabulary obtained the keys to his auto and took it from his workplace? s parking batch. ( Supreme Court to Govern? 1 ) . The constabulary officers did non obtain a warrant to prehend White? s auto, they did non even have knowledge that the auto had contraband, or claim that the ictus of the auto was at all relevant to his apprehension ( The Forfeit? 2 ) . The footing for the ictus was the belief by the constabulary, based on eyewitness and videotapes, that the auto had been used in the bringing and sale of cocaine on three occasions and was capable to forfeiture ( Supreme Court Says No? 1 ) . After the auto was searched two pieces of cleft cocaine

Police Officers Often Misuse and Overuse their Powers when it comes to Conducting Searches on Persons or Property

were found in the splashboard ashtray ( Supreme Court to govern? 1 ) . The officers now face the undermentioned inquiries about their authorization to attach the vehicle and expression through the auto. Can the vehicle be impounded even when a sensible and less intrusive alternate exists? Can an stock list hunt be conducted at the point of ictus on the side of the route, or must it take topographic point at the impounding location? Can the officers search the contents of any closed and locked points? And in conclusion, will the officers suspicion that the

drugs may be preset in the vehicle affect the admissibility of any grounds found during the hunt ( Anderson 1 ) ?

This instance was taken to the Supreme Court in Florida. The tribunal said that the cocaine should non hold been used as grounds because constabulary failed to obtain a warrant before seeking the auto. The tribunal ruled that in the absence of any exigency constabulary could non prehend? a citizen? s belongings? without the intercession of a impersonal magistrate ( Supreme Court to govern? 1 ) . ?

Throughout the undermentioned illustration many inquiries will originate on the actions the constabulary took in the incident. The followers was argued in United States v. Whitehead, where a adult male was found guilty of cocaine ownership. 3 A adult male get oning a train from Miami, Florida to New York City was seen by jurisprudence enforcement officers as moving leery and naming attending to himself. The officers decided to look into him and talked to both the cab driver and ticket agent, both of who had contact with him. The officers concluded that he was picked up at a motel known for drug sellers and paid for his ticket in all hard currency. With this in head the officers confronted the adult male and noticed he broke out in a profuse perspiration, they told the adult male that they were carry oning a narcotics trial

Police Officers Often Misuse and Overuse their Powers when it comes to Conducting Searches on Persons or Property

and asked to look into his bags. He declined. He boarded the train without trouble. The officers so contacted Amtrak officers who got on the train when it stopped in Washington D.C. With them came two drug-sniffing Canis familiariss. The officer knocked on the door of the adult male with the Canis familiaris and asked for permission to seek his bags with the Canis familiariss. The suspect so allowed him to make so. The Canis familiariss were attracted to one of the adult male & # 8217 ; s bags, which in bend revealed three kgs of cocaine ( Kingston 5 ) .

Now many inquiries are raised in a state of affairs like this. First what did the suspect do that was so leery, was he walking madly? Avoiding officers? Constantly look intoing his bags? Second, what is the train considered? Is it a Public Place? Or is it considered to be the same as a motel room or a private place? Last and most significantly, where does the 4th amendment of the United States Constitution come in.

The 4th amendment of the Constitution provinces? the right of the people to be secure in their individuals, houses, documents, and effects, against unreasonable hunts and ictuss shall non be violated ( Rosen 1 ) . ? The Fourth Amendment brought upon as a precedence by the early Americans since they knew what it was like to hold British soldiers spliting into their places without warrants ( The Right of the People? 1 ) . Harmonizing to instance jurisprudence, officers may non forcibly enter a premises without waiting for the resident to react unless clamant fortunes exist ( Judge Rejects

Evidence? 2 ) . Forty-four provinces besides have Constitutional warrants on the right to maintain and bear weaponries. It reads as follows, ? The people have the right to maintain and bear weaponries for security, defence, hunting, diversion, or any other lawful intent ( State Constitutions 1 ) . ? The Fourth Amendment sounds simple. It requires that before any hunt or ictus, the authorities must obtain

Police Officers Often Misuse and Overuse their Powers when it comes to Conducting Searches on Persons or Property

a court-authorized warrant by demoing there is a likely cause to believe a offense has been or will be committed ( Richey 2 ) . This would intend that the constabulary have a set of facts, information, fortunes, or conditions that would take a individual to believe that some type of offense has been or will be committed ( Police and the Rule? 1 ) . By obtaining a hunt warrant an officer may put to death a hunt and ictus at any clip of the twenty-four hours. The proprietor or resident does non even have to be present for the hunt to happen ( If you are Stopped 2 ) .

There are certain times when a vehicle can be searched without a warrant being needed. Under the Carroll philosophy? a vehicle can be searched without a warrant if there was likely cause to believe it contained contraband or grounds? This regulation which came from the tribunal instance Carroll vs. the United States, besides applies to an mixture of vehicles including: motor places, a house boat, and a room on a train. The vehicle exclusion is based in the Court? s findings that the outlook of privateness with regard to one? s vehicle is lower than that sing one? s place or office. This comes chiefly from the fact that built-in mobility of vehicles, their periodic review and licensing demands, and the public nature of vehicle travel where both its residents and contents are in apparent position ( Kubura 1 ) .

A Wyoming tribunal ruled last twelvemonth that constabulary were justified merely in seeking the auto for drugs a driver may hold had with him and hence can non seek any personal properties of riders. This protects drivers in a instance where they do non cognize or are mistaken about the contents in his or her vehicle ( Carelli 2 )

Police Officers Often Misuse and Overuse their Powers when it comes to Conducting Searches on Persons or Property

The opinion came from an incident in which a David Young was pulled over in the early forenoon hours on July 23, 1995. The officer saw Young with a subcutaneous acerate leaf in his pocket. He so acknowledged that he had used it to take drugs ( The New Oregon? 1 ) . The officers so searched the auto ( under sensible intuition ) and asked the two female riders? s to acquire out of the auto. One of them left her bag on the back place and inside it police found drug gears and liquid Methedrine. The Wyoming Supreme Court threw out her strong belief last twelvemonth, governing that constabulary were merely allowed to seek the auto and did non hold a right to seek her bag ( Richey 1 ) . Lisa Kemler of the National Association of Criminal Defense Lawyers stated that? you get in

a auto and as a rider you fundamentally have no rights. Almost anything goes every bit long as constabulary find grounds of a offense. Andrew Fine of the Legal Aid Society expressed his concern that the opinion wrongly introduced the component of guilt by association ( Carelli 1 ) .

Another manner constabulary violate people? s rights is by conveying telecasting camera crew or journalists into places during apprehensions or hunts. The issue came approximately in two separate instances of Hanlon v. Berger and Wilson v. Layne. The U.S. Supreme tribunal ruled? that it is a misdemeanor of the Fourth Amendment right to residential privateness for constabulary to convey members of the media or other 3rd parties into a place during the executing of a warrant when the presence of the 3rd parties in the place was non in assistance of the executing of the warrant? ( Legal Affairs? 1 ) . The tribunal besides added that constabulary who carry out such media? ride-alongs? could be sued for go againsting the Fourth Amendment. Joshua Dratel of the National Association of Criminal Defense Lawyers added, ? The authorities is non

Police Officers Often Misuse and Overuse their Powers when it comes to Conducting Searches on Persons or Property

allowed to do a show of you. ? The opinions now require members of the media that are attach toing constabulary to remain outside when officers enter private places ( Asseo 2 ) .

In a instance that inquiries how far constabulary can travel to seek people. The Florida Supreme Court has heard statements on whether officers can track down and frolic person for a gun based on an anon. telephone tip. Miami constabularies said they were justified in seeking a 15-year-old male child based on a tip that he had a gun. The call informed of the male child? s whereabouts and description. Military officers located him and searched him and found an illegal pistol. The male child? s attorney for the instance Harvey Sepler, said that this type of hunt would harm the? relationship between constabulary and citizens in a free society. ? He argued that under the Fourth Amendment constabularies must obtain a warrant based on? likely cause? that a offense has been committed ( Willing 1 ) . The province tribunal

said telephone tips, without confirmation by the constabulary themselves, are non plenty to warrant a hunt of person ( Biskupic 2 ) . In such a state of affairs when an person is being detained, the constabulary are merely allowed to make a pat-down hunt of your outer apparels to look into for arms and nil else ( Searches 1 ) .

Another inquiry must besides be answered in the war on hunts. Precisely how much leeway does an officer have when looking for grounds to carry on a hunt? What type of devices is the officer allowed to utilize and what is just?

Along the sou’-west boundary line, constabularies are utilizing a new type of x-ray machine that stirs up some contention. The x-ray machine is the size of a auto wash and can scan a 40-foot truck in proceedingss. All the driver does it drive through it and afterwards the cameras will state if there are any illegal goods on the truck or coach and anything else he wishes to

Police Officers Often Misuse and Overuse their Powers when it comes to Conducting Searches on Persons or Property

know. The machines which cost about three and a half million dollars each can catch forge walls and other compartments stashed with illegal drugs. Another type of arm is a thermic imagination camera. It is the size of a regular camcorder and allows constabulary officers to happen out whether person is turning marihuanas at place or has a bag incorporating narcotics. The camera works by picking up the slightest heat to the one-fourth of a degree even at dark, and indicating out the topographic point where it is ( Srinivason 1 ) . Evidence from this scanner is adequate to obtain a warrant and allow constabularies seek your house ( Thermal Scan 1 ) . Currently it is the most requested point in the office of National Drug Control Policy? s engineering transportation plan ( Srinivason 1 ) . Yet another appliance is one that appears to be a pager, and can even be turned to vibrate manners like most pagers. But it enables functionaries to turn up radioactive stuff without even look intoing the bags. The usage of any of these new devices has non been deemed legal or illegal up to this point.

Although imposts inspectors have gain blessing from a supervisor to execute a personal hunt ( Huie 2 ) .

In 1988 Operation Pipeline was formed. It is a group of a few thousand constabularies officers invariably policing the state? s main roads. The officers merely ground for being on the route is to aim minority drivers and expression for drugs. There are many indexs of possible drug mules on the route harmonizing to these officers. Air fresheners, fabric softener, laundry detergent are all marks that a odor is being covered up. Maps with metropoliss circled on them could be perceived as drug paths, fast-food negligees on the floor could bespeak that the driver was excessively dying to go forth his drug burden. Tools on the floor that could be used to open up concealed compartments, tinted Windowss, new rims, and

Police Officers Often Misuse and Overuse their Powers when it comes to Conducting Searches on Persons or Property

individual keys in the ignition ( Webb 5 ) . All of these indexs can easy be found in any guiltless citizens? vehicle, as acknowledged by Operation Pipeline? s laminitis Bob Vogel. If a individuals indexs are on the high side the followers will go on. He will be given his documents back and the officer will remain about and strike up a friendly conversation, stating about the drug jobs they are holding on this path and that if it would be wholly right to look through your auto. If you refuse a Canis familiaris can be brought out to whiff at your auto for grounds. Most drivers consent to a hunt after their licence and enrollments are given back. But what they do non recognize is that at this point you are technically free to travel since nil was incorrect with you or your vehicle and now the officer is merely holding a friendly confab with you ( Webb 6 ) .

In response to this and many other warrantless hunts Pat Barber of Colorado City, Texas put up a eight pes by six-teen pes mark that read? Just Say NO to Search! ? The mark was put up on his ain belongings and even had a phone figure where an

replying machine read a two-minute public message about citizens? constitutional rights against unreasonable hunts. Samuel barbers ground for making this was due to the unprecedented figure of vehicle hunts on today? s main roads and roads ( Just Say NO? 1 ) .

When signaled by an officer, safely pull over to a topographic point out of traffic. Sit calmly, with your custodies on the guidance wheel, if you have riders tell them to sit softly with their custodies seeable ( If the Police Stop You? 2 ) . You may stay soundless. You do non hold to reply any inquiries, but do give your driver? s licence and enrollment. Ask if you are under apprehension, if you are non and your licence and enrollment are given back you

Police Officers Often Misuse and Overuse their Powers when it comes to Conducting Searches on Persons or Property

Should be free to go forth ( Your Rights and the Police 2 ) . If you are given a ticket mark it, otherwise you may be arrested ( What to make if You? re Stopped 1 ) .

As seen in this paper it is rather seeable that constabulary frequently abuse and overuse the powers granted to them by the tribunals and the Constitution. The reader can see that police officers take their powers to far and seek to bully citizens into voluntarily giving up their rights granted to them under the Fourth Amendment. Court rulings continuously stand by the citizen and his or her rights. The Supreme Court particularly has stated its issue on many of the things traveling on by constabulary today ( Valencia ) .