the abuse of authority by a law enforcement officer for personal gain or organizational gain.

 reasonably necessary to effect an arrest and are not required to retreat from an aggressor.

• 4th amendment: Requires due process (provide that no person should be depreived of “life, liberty, or property without due process of the law”), Protects you from unlawful searches and seizures. The searches and seizures must be reasonable.
• 5th amendment: imposes restrictions on the government's prosecution of persons accused of crimes. It prohibits self-incrimination and double jeopardy and mandates due process of law.

showups (must have need for immediate identification), photo arrays (photo lineups), lineups, and sixth amendment right to counsel does not apply during showups or photo arrays.

• Non deadly force case
• Objectively reasonable

facts and circumstances which, taken together with rational inferences there from, would cause a reasonable police officer to believe that… (a) to arrest that a crime has been committed and that a particular person committed it. (b) to search that evidence of a crime is in the place to be searched. (c) to seize that items are contraband or otherwise evidence of crime, or are lawfully subject to forfeiture to the government under applicable forfeiture laws.

facts and circumstances which taken together with rational inferences therefore, would cause a reasonable police officer to suspect…(a) to detain that a person is, has been, or is about to be involved in criminal activity. (b) to frisk a person that a person subject to lawful detention. (c) to frisk other areas that an area within the immediate control and access of a person lawfully detained contains weapons and that the detainee might use those weapons against the officer. (d) to conduct a “protective sweep” that other rooms or spaces in a place where an officer is lawfully present contains would-be assailants who would constitute a threat to the officer.

the authority to make decisions of policy and practice. The opportunity for police officers to exercise choice in their enforcement activities.

·         In deciding how to apply the law, police officers generally consider the following factors: the nature of the criminal act, the attitude of the wrongdoer, community interest, pressure from victims, available alternatives, personal practice of the officer, and background of the officer.

established police officers right to pat down or frisk a person they have stopped to question if they believe the person might be armed and dangerous. This is in addition to the reasonable suspicion required to stop the person for questioning.

biased based policing when race, ethnicity, national origin, gender, or religion.

the suspicion that citizens are weak, corrupt, and dangerous. This outlook is the result of a police officer being constantly exposed to civilians at their worst and can negatively affect the officer’s performance.

·         Police officers learn what is considered appropriate police behavior through formal and informal socialization- through the academy and from conversations with seasoned veterans.

the police overstepped the boundaries of their authority in searching his (Scott Randolph) bedroom. “…a warrantless search of a shared dwelling for evidence over the express refusal of consent by a physically present resident cannot be justified as reasonable as to him on the basis of consent given to police by another resident.”

1. Suspect poses imminent threat of serious bodily harm or death.

2. Officer has probably cause o believe that the suspect has committed a violent felony involving the infliction or threatened infliction of serious bodily harm or death and their escape poses a danger of serious bodily harm or death to others.

3. Warning should be given where possible.

American courts have long recognized a police officer’s authority to search individuals without a warrant incident to their arrest. May only be conducted if the arrest itself is lawful. Extends to the arrestee’s person and everything within the area under his or her immediate control.

a provision in the Constitution that states that the law must be carried out in a fair and orderly manner.

·         1. Intent to arrest

2. The authority to arrest

3. Seizure or detention

·     

the legal process by which police officers and administrators can be held liable for their misconduct or the misconduct of their subordinates. The legal fact that police officers and administrators can be held liable for their misconduct or  the misconduct of their subordinates

to obtain a valid search warrant, officers must meet critical requirements: a specific offense has been committed, the items the officer seeks constitute evidence of that offense, the items are located at the place to be searched, and particularly describe what you are looking for. Signed by the Judge, Right address, and reasons for the search must all be on the warrant.

-Municipal Law Enforcement

-Sheriffs and County Law Enforcement

-State Police and Highway Patrol

enforcing the law, apprehending offenders, preventing crime, preserving the peace, and providing services.

the defense of oneself, of one’s dwelling, of other property, and the prevention of a crime. It is important to distinguish between deadly and non-deadly force. Deadly force can be used if there is a reasonable belief that imminent death or bodily harm will otherwise result.

1.hot pursuit 2. Likelihood of escape or danger to others absent hot pursuit 3.evanescent evidence (a) evidence that is likely to disappear (alcohol in a person’s bloodstream)

officers are engaged in a lawful activity when they discover the evidence, officer must have a legal right to be in the viewing area, and officers must have cause to believe that the evidence is somehow associated with criminal activity.

1. Whether the presumed search is a product of government action.

2. Whether intrusion violates a person’s reasonable expectation of privacy.