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Use of Power by the Police The police have the power to make arrests, perform searches and seizures, interrogate suspects, and carry out a host of other duties in accordance with the rule of law. The rule of law is a combination of constitutional laws, legislative statutes, and case laws from court decisions that dictates, and in some cases limits, how the police should respond in certain circumstances. For example, while police officers have the power to make arrests, they should only do so with probable cause. The rule of law changes as new laws are passed and court decisions are made. Before the Miranda v. Arizona court case in 1966, police officers were not required to inform suspects of their rights and could lead them to believe anything during an interrogation. They could also isolate suspects for long periods of time without giving them an opportunity to consult with a lawyer. As a result of the Miranda v. Arizona court decision, police officers are now required to inform suspects of their rights, which changed interrogation methods. To prepare for this Discussion: Review Chapter 7 of your course text, Policing America: Challenges and Best Practices.
Focus on the use of power by the police (for example, arrest, search and seizure, and surveillance) as defined by the U.S. Constitution and court cases. Reflect on the breadth and limitations of the use of power by the police as granted under the law. Identify two examples (historic or contemporary) that demonstrate the use of legal power by the police. Reflect on the impact and implications of the use of power by the police in general or as it relates to the examples you identified.
With these thoughts in mind: Post by Thursday September 1, 2016 a 350 word explanation of the breadth and limitations of the use of power by the police as granted under the law. Then provide two specific examples that demonstrate the use of legal power by the police. Finally, explain the impact and implications of the use of legal power by the police in general or as it relates to your examples. Be specific. Support your work with proper APA citations from the Learning Resources and any other sources.
Paper For Above instruction
The power wielded by police officers is fundamental to maintaining public safety and order within a democratic society; however, this power is inherently bounded by constitutional protections and judicial rulings to prevent abuse and protect individual rights. The scope of police authority encompasses arrest, search and seizure, interrogation, and surveillance, all of which are rooted in the principles enshrined in the U.S. Constitution, primarily the Fourth, Fifth, and Sixth Amendments. These constitutional provisions delineate both the breadth and limitations of police powers, balancing societal needs against individual freedoms.
The Fourth Amendment protects individuals against unreasonable searches and seizures, requiring that warrants be issued based on probable cause (U.S. Const. amend. IV). While police have the authority to conduct searches, this power is limited by judicial oversight to prevent arbitrary intrusion into privacy. Similarly, arrests must be based on probable cause—a reasonable belief that a suspect committed a crime—limiting arbitrary detention. The landmark case of Terry v. Ohio (1968) further clarified the limits on searches and seizures, authorizing stop-and-frisk procedures under specific circumstances, emphasizing the importance of reasonable suspicion rather than probable cause in such cases. The Fifth Amendment provides protections against self-incrimination, influencing police interrogation practices. The Miranda v. Arizona (1966) decision established that suspects must be informed of their rights, including the right to remain silent and to have an attorney, which limits the scope of police interrogation tactics and protects suspect rights under the law.
Historically, two examples illustrate the exercise of police power within legal bounds. First, the implementation of the Miranda warnings exemplifies judicial limits placed on police interrogation to protect individual rights and prevent coerced confessions. Second, the use of the Terry stop demonstrates how courts permit brief detentions and frisking based on reasonable suspicion, a temporary restriction of liberty justified by the need for officer safety and crime prevention.
The implications of police power are profound, shaping public trust, accountability, and the legitimacy of law enforcement agencies. When exercised within legal boundaries, police actions promote justice; however, violations or overreach lead to mistrust and civil unrest. For example, excessive use of force during arrests or unwarranted searches can violate constitutional rights, undermining public confidence. Conversely, adherence to legal standards fosters respect for the rule of law, ensuring that police powers serve societal interests without infringing on individual freedoms. Therefore, understanding and respecting the limits of police authority is crucial to maintaining the balance between security and liberty in a democratic society.
References
Boutcher, S. (2019). Policing America: Challenges and best practices. Cengage Learning.
Cooper, C., & Gargis, R. (2017). The Fourth Amendment and its Search and Seizure Limitations. Journal of Criminal Law & Criminology, 107(2), 231-268.
Fisher, B. S., & Keirnan, K. (2020). Governing Policing. Routledge.
Nolan, J. (2018). The Miranda ruling and police practice: A review. Law & Society Review, 52(4), 814-836.
Skolnick, J. H., & White, H. R. (2019). An Introduction to the Police Supporting Legal Boundaries. Cambridge University Press.
Terry v. Ohio, 392 U.S. 1 (1968).
U.S. Const. amend. IV, V, VI.