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Questions on the fourth amendment
A paragrah about the fourth amendment
Questions about the 4th amendment
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In the early twelfth century the common law allowed police officers to use deadly force on any person who had committed a felony crime and was on the run. This common law also applied to a society where felony crimes where allot less likely to happen. Today felony crimes are allot more prevalent and this common law as evolved through the living constitution. The Supreme Court of the United States of America which is the final arbitration of all cases involving constitutional rights has concluded that police officers are authorized to use force to overcome a resisting force from a suspect. Police officers are constantly put in challenging situations where thing can escalate very rapidly. The Fourth Amendment protects American citizens from unnecessary …show more content…
During their routine patrol the two officers approached a parked SUV in a hotel parking lot. Both of the police officers in this particular incident are experienced members of the Tulsa Police Department Gang Unit and during this incident both officers egressed from their vehicle to approach the SUV. Officer Shawn Hickey approached a first floor resident to begin questioning him, where his partner Chris Beyerl approach the passenger’s side of the SUV to talk to the passenger. As Officer Chris Beyerl approach the SUV a back seat passenger exit the vehicle and began walking away from the seen. When Chris asked the passenger of the vehicle to rolled down their window they refused and Chris then moved to the driver’s side to engage in a routine conversation with the drive. When Officer Chris Beyerl approached the driver’s side he noticed that a hand gun was pointed at him resulting in him drawing his own service weapon and firing at the suspect with the weapon killing them on the scene. The rest of the suspects involved in this shooting immediately flew the scene and were later apprehended at a separate location. This is an example of routine stop by two police officers that ended in a fatal shooting. These police officers had no intentions on killing anyone but after a hand gun was drawn, an immediate threat to the lives of the police officers was engaged, resulting in the use of lethal
The Tennessee v. Garner case impacted law enforcement agencies today by utilizing the Fourth Amendment right of not using deadly force to prevent a suspect from fleeing unless the officer is in imminent danger of their life. Consequently, before this was set into place, an officer had the right to use deadly force on a fleeing suspect by all means.” The first time the Court dealt with the use of force was in Tennessee v. Garner, in Garner, a police officer used deadly force despite being "reasonably sure" that the suspect was an unarmed teenager "of slight build" who was running away from him” (Gross,2016). Whereas, with Graham v. Conner case was surrounded around excessive force which also has an impact on law enforcement agencies in today’s society as well. “All claims that law enforcement officers have used excessive force deadly or not in the course of an arrest, investigatory stop, or other “seizure” of s free citizen should be analyzed under the Fourth Amendment and its “reasonableness” standard” (Doerner,2016).
According to the newspaper the Chicago Tribune there has been 876 homicides since the beginning of January 2014. Making shootings like the one of Laquan McDonald seem irrelevant. The only reason I was able to become aware of this shooting was because the procedures and policies that were being implemented by the police department and city of Chicago were not right. This led a reporter named Brandon Smith who wanted to know the reason why a teen with a knife was gunned down with 16 shots by a police officer who was not alone in this fight. The reporter sued the police department demanding them to release the video of the police cruiser that caught the whole incident on tape. In the video, it shows Laquan walking in the middle of the road, when several police cruisers pull in front of him. As soon as Laquan notices the police officers getting off, he starts moving away from the police cruisers. This is when police officer Van Dyke unloads his weapon and hitting Laquan with 16 shots leaving him for dead on the road. According to the Rules of Conduct by the Chicago PD, found online at the website chiacagopolice.org, it states under Rule 11 “Incompetency or inefficiency in the performance of duty”. This is a rule that should well known to every officer not only in Chicago and it was not followed by officer Van Dyke because the video clearly shows him
PO demonstrated an understanding of today’s topic as evidenced by identifying and sharing how her distorted and error thinking has created problems in the past and current life. PO took part in the group discussion and shared openly and appropriately with peers, and appears to be in the action stage of
Over the years, our nation has witnessed countless cases of police brutality. It has developed into a controversial topic between communities. For instance, deindustrialization is the removal or reduction of manufacturing capability or activity can lead to more crimes when people are laid off. Police officers are faced with many threatening situations day-to-day gripping them to make split second decisions; either to expect the worst or hope for the best. The police are given the authority to take any citizen away for their action that can ruin their lives. With that kind of power comes great responsibility, which is one main concern with the amount of discretion officers have is when to use lethal force. The use of excessive force might or
The Major Crimes Act was an important piece of legislation regarding the jurisdiction of Indian tribes on U.S. soil, and was passed on March 3, 1885. It was one of the concluding sections of the Indian Appropriations Act of 1885, which sought to deal with Indian American relations of the latter-19th century. The Major Crimes Act law was passed by Congress, following the General Crimes Act of 1817. The Major Crimes Act expanded on the General Crimes Act by detailing what could constitute as a crime under the federal jurisdiction of the United States if they were to be committed by a Native American in a Native American territory. It also added the caveat that crimes committed between two Native Americans would also count under federal jurisdiction
Over the years, this country has witnessed many cases of police brutality. It has become a controversial topic among communities that have seen police brutality take place in front of their homes. Officers are faced with many threatening situations everyday forcing them to make split second decisions and to expect the worst and hope for the best. Police officers are given the power to take any citizens rights away and even their lives. With that kind of power comes responsibility, that’s one major concern with the amount of discretion officers have is when to use force or when to use lethal force. The use of excessive force may or not be a large predicament but should be viewed by both the police and the community.
There are many ethical violations that can occur when excessive force occurs some of them are unnecessary injuries or death, abuse of authority or entitlement, lack of integrity, and corruption. There are many cases in which the police must use excessive or some kind of force to control a situation and protect citizens but only a small fraction of all police encounters each year involves force (Alpert, 2010). Depending on what kind of equipment was used by the police to control the situation the injury can vary, some of the equipment that the police uses to control a situation in addition to their handgun are pepper spray, batons, or conducted energy devices (Alpert, 2010). An abuse of authority ethical violation from a police officer can be a serious nightmare for a police department because these incidents usually receive a lot of media coverage and can damage the reputation
Over the years, this country has witnessed many cases of police brutality. It has become a controversial topic among communities that have seen police brutality take place in front of their homes. Officers are faced with many threatening situations everyday forcing them to make split second decisions and to expect the worst and hope for the best. Police officers are given the power to take any citizens rights away and even their lives. With that kind of power comes responsibility, that’s one major concern with the amount of discretion officers have is when to use force or when to use lethal force. The use of excessive force may or not be a large predicament but should be viewed by both the police and the community.
Every day law enforcement officials are faced with the possibility of being assaulted or killed while in the line of duty and when off duty. Officers are faced with the harsh reality that today may be their last day alive. This leads to a rush of adrenaline when responding to crimes or when they encounter various situations. Often this rush of adrenaline can cloud an officer’s judgment. Officers are then faced with the possibility of being accused of excessive force. Citizens often call an officers use of excessive force “police brutality” (Petrowski, 2005). Citizen’s opinion of law enforcement has often been linked to the media’s tactics of displaying officers using what appears to be excessive force during an arrest. This typically leads to citizens becoming outraged and creates an issue for the force. The question then arises as to what exactly is excessive force? While many citizens may characterize force as excessive, the law reflects the realities that officer’s face in making decisions to use force (Petrowski, 2005). Each complaint of excessive force has to be examined and a decision made based on the evidence and circumstances surrounding the case. It is the agency’s duty to gain control of police officers use of force in order
Was the intrusion based on a lawful objective, such as a valid arrest, detention, search, frisk, community warden guardian of mentally ill, defense of an officer or a citizen, or to prevent escape? If these answer yes then an officer may have legal ability to use the levels of force listed below to apprehend the suspect. Another list of things to consider when determining if it was a lawful use of force is; was the use of force relative to the person’s confrontation? Was there a crucial need to terminate the condition? Even though there is no duty to retreat, could the officer have used lesser force and still safely accomplish the lawful objective? These are the questions that the jury need to answer to determine if they should side with or against the officer in any court case brought to them that deals with such a controversial topic as this.
As a result, “Nearly all agree that when an officer is facing a deadly threat, the proper response is to use deadly force”(Lind). Yes there are many people out there that can be a deadly threat to police officers because the way they are acting but, there are many innocent people that do not affect anyone and still have to be a part of the problem for no given reason. Although a police officer’s proper response is to use deadly force upon someone, there should be other alternatives or ways they can use before going into deadly force and possibly cause someone to lose their live. I certainly do understand that there are certain situations where a cop is coming across someone that is pointing a gun or knife at them and approaching towards them. So therefore them using deadly force would possibly be the right thing to do if they have too, but before using deadly force they should at least try deploying tasers or using bean bag guns to attempt in taking them
Recently in the United States there has been in increase in deaths that have come from police officers using deadly force. The use of force is inevitable as a police officer, many times their own lives or the life’s civilians are at risk when it comes to determine what type of force a officer should use. There are many incidents where police officer have to react in a matter of seconds and has to choose between his own life or that of the individual causing the disturbance. When a Police Officer uses deadly force has caused outraged with the public, stirring up protests and creating a scandal for the police officer and the Police Department. Many do not know when it is right for an officer to use deadly force and what constitutes it, or what happens when the officer does not use the appropriate amount of force that is required to control the situation. There has been many changes in Police Departments around the country to try to reduce the use of deadly force in response to the issues that have occurred because of it.
The term criminal desistance refers to when offenders desist, or stop, committing crime. Desistance from crime exists when an individual has an absence of criminal behavior in their lives for a sustained period of time. By studying desistance, a better understanding of what causes individuals to commit crime is created; as well as, a better understanding as to why certain individuals discontinue their lives of crime. The criminal justice field often encompasses, serving justice by locking people up and keeping the “bad guys” away from the general public. Little thought was given as to what can be done in order to help prevent people from committing crime, until more recent years. Most criminological theories attempt to explain why people commit
The duty of the law as well as criminal justice is to punish individuals who break the law and to seek justice for the victims who experienced the crimes against them. All persons who commit crimes and are brought forth a judge should be accountable for their actions. The accountability can come in different forms from mandatory treatment programs, payment of fines, community service, and incarceration. However, there tends to be a fine line between the treatment of adults and juveniles and crimes these offenders have committed. Once a person turns eighteen they are legally an adult and if that individual commits a felony crime the punishment will be a prison sentence of a period of time.
The world will always be full of crime, thus it is necessary for scientist to grow along with the gruesome and increasing amount of violations. Due to this it sparked scientist to develop crime theories in which emerged to explain why crime is caused by individuals. Some of the few theories that have advanced over the past century and provided many answers to why crimes are committed are biological theories, psychological theories and learning theories. These theories provide an insight to its first use and change in order to provide answers.