Police Misconduct Research Paper

The standard for a legal arrest is probable cause. For an officer to make an arrest, he or she must have more than a mere hunch yet less than actual knowledge that the arrestee committed the crime (Peak, 2009). Law enforcement officers need to make certain they understand probable cause is different than reasonable suspicion. A good example of a reasonable suspicion encounter is Terry V. Ohio, where an officer who had 39 years of experience in law enforcement observed two men standing on a street corner. It appeared based on the officer’s experience the two men were casing a store because they both were walking up and down the street peering into the store windows, and then they would return to the corner to conference. While the officer

3. Arrest—The officer is not required to use the word ‘arrest’ to initiate an arrest. For an arrest to be considered legal, the following conditions need to exist. First, the officer has to have probable cause, the legal requirement for an arrest. Second, the officer has to deprive the individual of freedom, and lastly, the suspect believes that he or she is now in custody and has lost his or her liberty.

The officers gather evidence against the person and end up doing it illegally and it ends up violating our Fourth Amendment rights. Offers often tend to perform any misconduct it tends to be while on the job mostly. There has to be a probable cause in order for the officer to be able to search and also have a warrant to be able to take any property that maybe used as evidence in the court. This often even violates the Fifth Amendment which states that the government must compensate the people when any private property is taken and displayed to the public (Cornell, Law, and Fifth Amendment). The biggest thing that we often hear about is the fact that officers plant drugs or something that they can arrest you for and file a report about it. Situations like this lead to corruption and the misconduct will continue. For example in 2006 police officers busted into an elderly ladies home and basically shot her to death. After this went down they then planted a bag of Marijuana, which was taken from a previous bust. Furthermore, the normal way to try and take out the police misconduct is general filing a suit against any officer you feel is violating your rights (C. England,

Stop & Frisk- if the police officer has reasonable suspicion that a criminal act took place or is about take place he can search the suspect. If the police officer believes they are arm and dangerous. It is a bit less serious than probable cause. An example can be Johnny is walking down the street with a set of pliers in his

In order for a Police agency to prevent and deter Police misconduct, there must be a definition to what actions and behaviors that the term will encompass. The term ‘police corruption’ has been used to describe many activities: bribery; violence and brutality; fabrication and destruction of evidence; racism; favoritism or nepotism. Many different scholars differ in their own examples of the definition. Before attempting to the question of whether a precise definition is possible, it is worth examining the range of activities that might be included within a broad discussion of corruption. In (Bayley and Perito, 2011), it is defined as police corruption is a contested phrase with narrow and broad meanings. Narrowly

When one thinks of police misconduct many not too distant stories might go through our heads. Most adults will remember how they felt when they saw the brutal beating of Rodney King on their local news station; or the outrage they experienced when they heard that the evidence in the OJ Simpson trial had been tampered with. But thanks to new guidelines, procedures and even civilian groups who now “police” the police, instances of police misconduct may soon start seeing a decline.

What is police misconduct? It can be defined as any action performed by a law enforcement officer that is unethical by established employment guidelines, unconstitutional, or a crime with in itself. When people hear the term “police misconduct” they automatically think of a police officer using unnecessary force against a civilian. While that is a form of police misconduct it is not only form. Throughout this paper I will bring light to the many types of police misconduct that can happen in the law enforcement industry.

The legal standard to a probable cause arrest is when an officer finds evidence during a valid stop and frisk search that confirms the reasonable suspicion of an officer that a crime has been or is being committed and would lead to the arrest of and offender. There are a variety of sources to establish probable cause and they are personally observed facts by an officer, information received from an informant. When information supplied by informant the courts and police need to know what facts was observed by them and why should their information be

If a person's answers to the officer's questions are evasive or implausible, that can give the officer reasonable suspicion that criminal activity has or is taking place. A stop doesn't have a certain time limit set upon it, but if no probable cause for arrest can be found, the stop ceases to be justified as reasonable. Officers can use force during a stop if it is for personal safety reasons and is held to the standard of reasonableness.

There is always controversy around the issue of Chicago Police violence against the civilians. In the past few years, Chicago police officers have been using excessive force in dealing with criminals and civilians. Shootings, false arrests, illegal seizures, and physical violence are problems resulted in police misconduct that have been going for years. Chicagoans now not only start concerning about their safety from the criminals but also worried on protecting themselves from the officers that supposed to keep them sound. Statistic shows that there have been around 56,500 claims on Chicago police misconduct from the citizen since 2014 and roughly 96% of them are abandoned from further investigate.

When people think of police misconduct, they immediately think of police brutality. While police brutality is a form of police misconduct, the term is much broader. Police misconduct is any conduct that is outside the ethical code that officers are sworn to follow.

Police Brutality needs to be addressed because sometimes police use too much force on suspects when there is no reason too. Most police brutality goes unreported due to suspects being afraid to speak up. Most police misconduct is making untrue statements and filing untrue reports. Some police think that citizens should always defer to them and their authority. Most suspects believe that they do not need to do what is asked of a police officer and that leads to police misconduct.

The police need only reasonable suspicion to stop an individual and question him or her, and they may search for weapons if they believe that the person is armed or presents an imminent threat of bodily harm (Taylor, 2012). Reasonable suspicion is when a law enforcement personnel presumes a crime has been or is about to be committed. For instance, a police officer observes a vehicle driving unusually faster than the others on the road, therefore performing a speed check using radar. The car is, in fact, speeding so the officer pursues the vehicle and pulls them over. Upon approaching the vehicle, the officer notices the suspect scrambling and whispering while leaning around the car. This causes suspicion, reasonable suspicion, which allows the officer to ask the person out of the vehicle to detain them. It also gives the

An arrest is when a person violates a criminal law and society’s traditions demand that society should take some action against that person. You must have probable cause to make an arrest. There must be reason to believe that a crime has been committed and the person to be arrested committed the offense (p. 69).

Improper Stop: According to the U.S. Constitution, police can't pull over a private citizen without "reasonable suspicion." This means if you were obeying the traffic laws, weren't swerving or speeding but where pulled over, the evidence from your traffic stop would then become inadmissible.