Police Pursuits Essay

It dismissed the claims against the defendants as being the mayor and Officer Hymon and the Police Department as being the director for lack of evidence. Hymon's actions were then concluded to being constitutional by being under the Tennessee statute. The Court of Appeals affirmed with regard to Hymon, finding that he had acted accordingly to the Tennessee statute. The Court of Appeals then reversed and remanded. It reasoned that the killing of a fleeing suspect is "seizure" under the Fourth Amendment, and is therefore constitutional only if actions are reasonable. In this case the actions were found not to be reasonable. Officers cannot use deadly force unless they have probable cause that the suspect poses a serious threat to the officer or has committed a felony.

Search and seizure is a vital and controversial part of criminal justice, from the streets to the police station to court. It is guided by the Fourth Amendment, which states that people have the right to be free from unreasonable search and seizure of their bodies, homes, papers, and possessions and that warrants describing what and where will be searched and/or seized are required to be able to search the above things (“Fourth Amendment,” n.d.). Interpretations of the Fourth Amendment by the U.S. Supreme Court and the establishment of case law by many state and federal courts have expanded upon the circumstances under which search and seizure is legal. Several doctrines and exceptions have also emerged from the Supreme Court and other case law that guide law enforcement officers on the job and aid lawyers in court.

In this essay a discussion will be explored about the benefits and problems associated with police use of discretion. Which current policing strategies have the most potential for controlling officer discretion and providing accountability, and which have the least, and why is that the case? And finally, how might these issues impact the various concerns facing law enforcement today?

The U.S. Supreme Court adopted alternative 3. The court believed that the fourth amendment gave police enough power to “freeze” suspicious

     Imagine being a police officer doing your daily routine job. You are in a patrol car on the highway, watching the cars and trucks drive by. You are also looking for speeders to warn them to be more careful and maybe you’ll ticket them. It has been a very boring day for you, since you have only been called on your radio once, and it was for an accident (fender bender). Almost at the end of your shift, a blue car drives by going ninety miles an hour, but you know the speed limit is only fifty-five miles an hour. You pull the patrol car out of the gravel area that you had been sitting in and you start to follow the car. You put your lights on and catch up to them. After a few minutes you pull the person over.

This case is important to anyone working in law enforcement because of the objective reasonableness standard that it established via the fourteenth amendment of the U.S. Constitution. This case also reversed a four-factor test regarding use of force that was used to test if the force was applied in a good faith effort to maintain discipline or was applied with malice to cause harm. The Supreme Court in 490 U.S. 396 (1986) determined that the four factor test did not cover all possible situations and only the decision making skills of a human being can adequately determine the appropriate use of force.

All my life I have been fascinated with police work and firefighting. As a result, I have spent a vast amount of time volunteering at local fire departments working closely with local law enforcement personnel in emergency situations. Although I have wavered for years about whether to pursue a career in law enforcement or firefighting, I have always known that one way or the other I am going to be involved in emergency services. While local police enforcement is interesting, I have always wondered what it would be like to be a State Police Trooper. With that in mind, I secured an interview with Delaware State Police Trooper, Master Corporal (CPL/3) Douglas Brietzke.

The trial court denied Harris’s motion to suppress evidence that was found when Officer Wheetley performed a search, and the court found that Wheetley had probable cause to search Harris’s vehicle. The defendant entered a not guilty plea and appealed to the intermediate state court. The intermediate state court affirmed the trial court's ruling. The Florida Supreme Court reversed the decision stating that Wheetley lacked probable cause. When the case was brought before the U.S. Supreme Court, they rejected and reversed the decision that the Florida Supreme court made, and they upheld the decision of the trial court.

The organization I selected for my research paper is the Chicago Police Department, also known as CPD. This organization interests me because it directly affects me, not only as a member of the communities who seem to interact most with CPD, but also as someone who was born and raised in the city of Chicago. The Chicago Police Department’s mission is to serve and protect citizens of the city, yet this organization has been in the news for doing just the opposite. Recently, the CPD has been in the media for a number of unethical issues and their lack of diversity on the force. Thus I would like to explore how these areas affect the work of CPD and their relationship with various communities. With recent protests and the Black Lives Matter movement

At final, the Supreme Court vacated and remanded the lower court’s ruling. The Court said that all claims that law enforcement officials have used excessive force whether deadly or not in the course of an arrest, investigatory stop or any other seizure of a citizen are properly analyzed under the Fourth Amendment’s objective reasonableness standard, rather than the under a substantive due process. The court also stated that a seizure occurs when a law enforcment officer terminates a free citizen’s movement by a means interntionally applied. An officer may sieze a person in many ways including: traffic stops, investigative detentions, and arrests are all seizures under the 4th amendmet. To seize a person, an officer may yell, “stop”, handcuff, a baton, or a firearm can be used to comply the subject with officer orders.

This case mainly deals with the interpretation of our Constitution’s Fourth Amendment, which protects us from unlawful search and seizures. What we can learn from this case are: the differences in court systems, the elements that comprise the Fourth Amendment, and the controversies surrounding it. The text relevant to this case can be found within the first six chapters of our textbook, with an emphasis on Chapter 6 “Criminal Law and Business”.

Thirty-five years later after Weeks’ case, the Supreme Court in Wolf v. Colorado (1949) held that the 4th Amendment protection applies to searches by state officials and federal agents. However, the exclusionary rule generated in Weeks’ case did not apply to the states. The appellant, Julius A. Wolf, was convicted of treachery to commit abortions in Colorado and police officers had attained evidence used against him without a warrant or consent. State judges were not required to disregard evidence obtained in desecration of the 4th Amendment in states’ criminal prosecutions. In this case, the Supreme Court applied the 4th Amendment to the states through the 14th Amendment Due Process Clause. Wolf’s verdict was upheld (Wolf v. Colorado, 338 U.S. 25, 1949). The Supreme Court left the states to enforce the 4th Amendment protection. It resulted in the abused power and the court had to intervene (Holten &Lamar, 1991).

Leading up to the establishment of the Chicago Police Department, the first rank of “constable” was created in 1830. Authorization of Chicago’s very own police force occurred on January 31, 1835. On August 15, 1835, the Chicago Police Department was born. The department’s mission reads, “The Chicago Police Department, as part of, and empowered by, the community, is committed to protect the lives, property, and rights of all people, to maintain order, and to enforce the law impartially. We will provide quality police service in partnership with other members of the community. To fulfill our mission, we will strive to attain the highest degree of ethical behavior and professional conduct at all times.” Orsemus Morrison was elected Chicago’s first constable; he was assisted by Constables Luther Nichols and John Shrigley. The three men served and protected a population of about 3,200. In the year 1837, the Municipal Court of Chicago was created. It had co-jurisdiction with the Cook County Court within corporate limits of the city of Chicago. Between the years 1838 and 1854, the Chicago P.D consisted of very few collection of officers, constables, and part-time night watchers to maintain the quickly-expanding city.

How did the Kansas City Patrol Study affect routine patrol all across the nation? It affected routine patrol in the fact that It made officers realize that traditional routine patrol in marked police cars did not appear to affect the level of crime. Nor did it affect the public’s feeling of security. The experiment demonstrated that urban police departments can successfully test patrol deployment strategies, and that they can manipulate patrol resources without jeopardizing public safety.

Law enforcement, in some form, has existed for centuries and since its creation there has been numerous improvements. Improvements have come about because of community changes and the need for more effective ways of policing the people. As crimes became more fierce and complex so did the need for the investigation and solving of these crimes. Criminal investigative techniques were not just born from thin air, some thought and planning had to go into figuring out the proper ways to go about doing things. Pioneers of the criminal justice and criminal investigation field such as August Vollmer, Alphonse Bertillon, Edward Henry, and Edmond Locard have made superior contributions to the development of criminal investigative techniques. These techniques have impacted the way police operate today and set a substantial base for law enforcement to build on.