The Police Powers of Stopping and Searching
The police can stop and search any person, vehicle, and anything in or on the vehicle for certain items. However, before they stop and search they must have reasonable grounds for suspecting that they will find:-
· Stolen goods; or
· An offensive weapon; or
· Any article made or adapted for use in certain offences, for example a burglary or theft; or
· An article with a blade or point; or
· Items which could damage or destroy property, for example spray paint cans.
The police can also search a football coach going to or from a football match if they have reasonable grounds for suspecting there is alcohol on board or that someone is
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If the police have reasonable grounds for believing that you are not, in fact, in your own home or that you are somewhere without the permission of the homeowner, they can search you. There are separate rules about when the police have powers to enter your own home – see under heading.
The police can use reasonable force when they stop and search, but must make every effort to persuade you to co-operate. They should only use force as a last resort.
Before searching, the police officer should tell you that you are being detained for the purposes of a search. The police officer should also give you their name, the name of their police station, the object of the search and their grounds or authorization for making the search. If the search is connected to terrorism the officer can give their police number instead of their name. You should also be told that you have a right to a copy of the record of the search. If it is impractical to make a record of the search there and then, the police officer will tell you that you have the right to apply for a copy, as long as you do so within 12 months.
The police should not question you with a view to getting evidence until they have cautioned you. If you have been arrested, you must not be interviewed before being taken to the police
Holding: No, the police are authorized to search a vehicle incident to an arrest only when the person being arrested is unsecured and within reaching distance of the vehicle’s passenger compartment at the time the search is conducted.
The United States Court of Appeals for the Second Circuit holds that when officers receive consent to search with no limitations, only spaces and containers that appear to “obviously” not belong to the consenter are excepted from their search. See, e.g., Synpe, 441 F.3d at 136-37. The Seventh Circuit holds similarly that if officers do not have “positive knowledge” that the consenter does not have authority over the space or container prior to the search, then the search is reasonable. See, e.g., Melgar, 227 F.3d at
That they are aware of your suspicions and it is on file if anything else comes to
Imagine innocently walking down the street in a city you’ve lived in your whole life, when all of a sudden you hear the dreaded “woop woop” and see those flashing red and blue lights. The police. They interrogate you, ask your whereabouts, and finally, they “frisk” you. Of course, they find nothing; they rarely do when they search people. Although it’s wrong and demoralizing, you know it’s something you’ll have to get used to as an African American living in New York City.
Eighty-seven percent of stops in 2012, were Black and Hispanic people. Compare that percentage to the amount of water on Earth, only seventy percent. Now, imagine eighty-seven percent water covering the Earth. That would make the world unbalanced and difficult to live in, which is how life is for the minorities impacted by Stop and Frisk. One of the most debated and controversial topics in New York City is the Stop and Frisk policy, and the impact it has on police, Latinos, and African Americans. Stop and Frisk fails to promote justice and equitable society because it creates a society where one group is lesser than another. The Stop and Frisk policy was created in Ohio, 1968, because of the a Supreme Court case, Terry v. Ohio (US Courts).
Meeting the standard of probable cause requires a demonstration to the judge or magistrate that a crime has occurred, or is occurring and that evidence relative to that crime will be found at a particular location. The investigator must swear, under oath, that the information establishing a probable cause is true to the best of is or her knowledge But in certain cases getting a warrant might take time so based on reasonable suspicion police can go ahead and still conduct the search. The police can conduct searches using numerous ways such as first-hand information if someone tells them you have something your not suppose to based on that information they can go ahead and conduct a search.
(Encarta Online) In the case Horton v. California 1990, police entered a house with a warrant that was given to search the house for stolen jewelry. While searching the house they found illegal weapons in plain view. The officers seized weapons as well as the stolen jewelry. In 1990 the court ruled in the case, Greenwood v. California, the court approved a search of garbage that was left on the curb without a warrant. One other situation that an officer can enter a home and seize evidence is if there is an emergency and it is vital for he or she to enter. (History Channel Online) In the case Michigan v. Tyler, 1978, there was evidence that two furniture
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things seized.”
Discretion, uncertainly, and inefficiently are rampant and essential in criminal justice. Nobody expects perfection. That would neither be good nor fair. Justice is a sporting event in which playing fair is more important than winning. Law enactment, enforcement, and administration all involve trading off the possibility of perfect outcomes for security against the worst outcomes. Policing is the most visible part of this: employees on the bottom have more discretion than employees on the top.
To fully understand the role and related responsibilities of search and seizure in the public schools, the Constitutional rights of the students and case law must be examined.
This paper will describe police power and police authority. I will also talk about police discretion as for as whom gets locked up and who is allowed to go free. This paper will discuss the different use of police force. In this paper I will also talk about police attitude, police misconduct, and physical abuse among police officers.
The police play a vital role in today’s justice system; they are the heroes that catch armed banked robbers, stop kidnappings, and catch murderers that terrorize communities: or at least that is how they are portrayed. While police activities are much more mundane than the public may think, police are given total authority over the public to keep the streets safe. In Steven Lukes’ article, power, he gives a general definition of power as “the capacity to bring about outcomes” (Lukes 59), but that in actuality, a single definition for “power” is very controversial. Lukes gives synonyms such as “authority, influence, coercion, force, violence, manipulation, and strength” (Lukes 59), but chooses his words carefully to reveal the many
The Associations of Chiefs of Police created this website as a police informational site. It is an educational site that explains the hiring process, basic requirements, training and academy life, and skills candidates should process. The site also offer a virtual ride along. I can use this site to explain the training and academy life of a cadet.
Discretion is defined as the authority to make a decision between two or more choices (Pollock, 2010). More specifically, it is defined as “the capacity to identify and to document criminal and noncriminal events” (Boivin & Cordeau, 2011). Every police officer has a great deal of discretion concerning when to use their authority, power, persuasion, or force. Depending on how an officer sees their duty to society will determine an officer’s discretion. Discretion leads to selective enforcement practices and may result in discrimination against certain groups of people or select individuals (Young, 2011). Most police officer discretion is exercised in situations with individuals (Sherman, 1984).
In today's society the police, play may roles. They are the peacekeepers, law enforcement and many other jobs. However, recently they have become the subject of a very heated and large debate. Many believe that the police should give up their brute type tactics for a more civilized and humanized approach, while others feel that the police should crack down on the most insignificant of offences to type and disparage crimes that are more serious. In this paper, we will be analyzing both sides of this issue, from the look of the police administration to the public's view of it. When we mention today's police force we will be using the New York City police force as are basis of comparison, because they seem to