The Powers of Police
Individuals have civil rights; people are entitled to be allowed to
move freely and to have their person and their property respected.
However the police must have sufficient powers to investigate crimes.
Therefore Parliament has given the police special powers that can be
used in certain circumstances. These powers include the rights to stop
and search suspects, to arrest and interview people when necessary and
to take fingerprints and samples (blood samples) for scientific
analysis.
Without the police having these certain powers then it would be nearly
impossible to investigate any crimes. But it is also important for the
police to remember that, at the same time, they do not unnecessarily
harass ordinary people, and that those who are suspects are protected
from overzealous police officers. The law on police powers is covered
in the Police and Criminal Evidence Act 1984 (also known as PACE) and
the codes of practice under section 66 of PACE.
There are five codes, running from code A to E. Code A deals with the
powers to stop and search, code B deals with powers to search premises
and seize property, code C deals with the detention, treatment and
questioning of suspects, code D deals with rules for identification
procedures and code E deals with tape-recording of interviews with
suspects.
This essay will discuss the police powers of search, arrest and
interrogation, which are all covered by PACE 1984.
The first item that this essay will be dealing with is the police's
powers to stop and search. Under section one of PACE the police have
the right to stop and search people and vehicles in a public ...
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... as including torture, inhuman or degrading treatment and the
use or threat of violence. Code C also gives protection to suspects
who are being questioned in regard to the physical conditions of the
interview. For example, the code says that interviews must be
adequately lit, heated and ventilated and that suspects must be given
adequate breaks for meals, refreshments and sleep.
In theory the custody officer who is supposed to keep accurate
records, should monitor the treatment of a suspect during their
detention period. This should include the length and timing of
interviews and other matters, such as visits of police officers to the
defendants cell, so that any breaches of the rules will be obvious.
However, research by Sanders and Bridges suggests that a substantial
minority of custody records (10%) are falsified.
As a result of many negative stereotypes associated with certain variations of English many students have adapted codeswitching. When this concept came up in the book it made me think about my own language. I realized that I code switch quite often between what is seen as Standard English and African American English or Ebonics. Usually with family or other friends that speak Ebonics I use that Ebonics to communicate, but when I am in school, in a
It has the state the person lives in on it and a personal licence plate number that only that person has. Paul Goldberg said “The downward spiral that began with the end of the old telephone exchanges that truly did connect to a place”(P.G. pp2) this is Paul Goldberg saying that people are no longer just connected with a mall area around them but cell phones are not being reached out throughout the whole world. People in Ohio can call a friend or family member in a whole different country and that would be no problem. There was a time when aria codes meant something to people. Now an area code mean nothing because people can have an aria code from Ohio but be living
Gant was arrested by Arizona police because he was driving a vehicle with a suspended license. While he was being handcuffed, officers searched his vehicle and found a gun and a bag of cocaine. During the trial, Gant petitioned to suppress the gun and cocaine because the police didn’t serve a warrant to search his vehicle, in violation of the Fourth Amendment’s prohibition of unreasonable searches and seizures. Prior to the Supreme Courts opinion on this case, Arizona vs. Gant, it was standard practice for police to conduct a search incident to arrest of the passenger compartment of a vehicle. The justifications for the search incident to arrest are to allow police to secure any weapons that the arrestee might seek to use to resist arrest or escape and preserve evidence. This case is a decision holding that the Fourth Amendment to the United States Constitution requires law enforcement officers to a continuing threat to their safety posed by an arrestee, in order to justify a warrantless vehicular search conducted after the vehicle's recent occupants have been arrested and secured. ...
Police Powers in N.S.W The Police Force in N.S.W must have sufficient powers so that they are able to enforce the law properly and effectively for the safety of the community and its occupants. Powers, which provide Police to maintain and enforce the law, include: stop search powers, powers of arrest, move on powers, confiscation powers and the power to obtain personal details along with various others. Search powers permit police officers, for example, who have reasonable cause to suspect that a person has unlawful custody of a dangerous implement, to search the person and to examine any other personal effects, the person in question has with them (Summary Offences Act section 28A). After this search police may confiscate the implement or implements in the possession of the person who has it in their unlawful custody (Summary Offences Act 28B). After this the officer may formally charge the person or proceed with a summons, now the person must divulge their name and address.
Search and seizure in Canada has evolved into the Charter of Rights and Freedoms as an important asset in the legal world. The case of R v. TSE sets an important example of how unreasonable search and seizure is in Canada. An important section that relates to this case is s. 8. The main concerns with this case are whether the police abuse their powers to search and seize Yat Fung Albert Tse, the fact that when the police did enter into the wiretap they did not have a warrant and also that it is a breach of privacy without concern.
The New York City Police Department enacted a stop and frisk program was enacted to ensure the safety of pedestrians and the safety of the entire city. Stop and frisk is a practice which police officers stop and question hundreds of thousands of pedestrians annually, and frisk them for weapons and other contraband. Those who are found to be carrying any weapons or illegal substances are placed under arrest, taken to the station for booking, and if needed given a summons to appear in front of a judge at a later date. The NYPD’s rules for stop and frisk are based on the United States Supreme Courts decision in Terry v. Ohio. The ruling in Terry v. Ohio held that search and seizure, under the Fourth Amendment, is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest. If the police officer has a “reasonable suspicion that the person has committed, is committing, or is about to commit a crime” and has a reasonable belief that the person "may be armed and presently dangerous”, an arrest is justified (Terry v. Ohio, 392 U.S. 1, at 30).
When is a search not a search? The Fourth Amendment was made to protect prevent unwanted search and seizure. Were DLK’s rights violated by using a thermal imager without a warrant? The Fourth Amendment protects citizens rights from unlawful search and seizure. In the case of DLK, the supreme court had to decide if the government went to far. The government went to far because the search violated the Fourth Amendment rights by unlawfully obtaining information without a warrant.
Constitutional Law was created as the chosen way to preserve the United States of America Constitution, ratified by Congress in 1783, in respect to its meanings, use, and enforcement, for free government, and equal justice under the law for all Americans. However, as times and generations have passed, the U.S. Constitution remains the supreme law of the land. Among the most contemporary and controversial elements are the challenges of evolving interpretations of the freedom of speech, and search warrants, which have both had a major impact on society. In particular, we explore speech not protected by the First Amendment of the Constitution, as well as some circumstances when a search warrant is not required for a valid search. A conclusion is drawn and outlined based on research conducted to offer a concise in-depth observation of the above topics.
...erimental nature of the Code. Frazier says how it is encouraged “to view every habit and custom with an eye to possible improvement. A constant experimental attitude toward everything” (25). This applies to the Code as well, which changes whenever the members feel that it is necessary.
Law enforcement officers are known to “hunt for property or communications believed to be evidence of crime, and the act of taking possession of this property,” also known as conducting a search and seizure. It is a necessary exercise in the ongoing pursuit of criminals. Search and seizures are used to produce evidence for the prosecution of alleged criminals. Protecting citizens from arbitrary searches, the Fourth Amendment of the Constitution is our right to limit and deny any unreasonable search and seizure. More often than not, police officers tend to take advantage of their authority by the use of coercion. Although it is unlawful, most citizens do not know what police officers can and cannot do in respect of their human rights.
Teachers, judges, and fellow students, today, I am going to talk to you about amber alerts and code Adams. Where it originated, how they became, and what they are used for. An amber alert is a program that uses roadway signs , television broadcast and radio to announce that a child has been taken and for motorist and citizens to be on the alert. While a code Adam is a program that most public places use to help lock down a store or event when a child comes up missing it is used to lock all exits from anyone getting out or in a building.
The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures. A warrant, a legal paper authorizing a search, cannot be issued unless there is a reasonable cause. Courts have rules that a warrant is not required in every case. In emergencies such as hot pursuit, public safety, danger of loss of evidence, and permission of the suspect, police officers do not need a warrant to search a person’s property (Background Essay). In the case of DLK, federal agents believed DLK was growing marijuana in his home. Artificial heat intensive lights are used to grow the marijuana indoors (Doc B). Agents scanned DLK’s home with a thermal imager. Based on the scan and other information, a judge issued
It is easy for police to get caught up in the idea that it is them against the rest of society (Barkan, 2012). Many citizens in today’s democratic society have a negative or fearful view of our law enforcement. Think back to grade school, who was that one kid in class that everyone was annoyed by or despised? Most people would answer the teacher’s pet or the tattletale. We have grown up from a young age to have a negative view towards those that get us into trouble when we think we can get away with something we know is wrong. In the adult world, the police force can equate to those tattletales.
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 this paper I am going to discuss search and seizure and how it affects us and what effect it has on us. Search and Seizure is the fourth amendment in the constitution. Its purpose is to protect people from unreasonable searches. It also helps officers from making unlawful arrests.