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Police accountability in the world
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“Hot Pursuit” is when an officer is in an urgent continus chase of a suspect of a criminal action. Being “reasonably diligent”, means continuing the hot pursuit regardless of other circumstances beyond your control. For example, if traffic you can’t avoid interferes on your pursuit but you wait/drive safely through it and then continue the chase, you are still in a hot pursuit. As long as your main goal is continuing the pursuit and your actions reflect that, technically you are still in hot pursuit.
Originally, Macooh was charged with failing to stop for a police officer. After resisting the officer, he was charged with impaired driving, failing to stop for a police officer, failing to provide a breath sample and assaulting a police officer
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7 under the Canadian Charter of Rights and Freedoms (CCRF) states, “Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.” Ss. 9 states, “Everyone has the right not to be arbitrarily detained or imprisoned.” As the officer entered Macooh’s secure private residency, it could be argued that Macooh was deprived of his rights guaranteed by ss. 7 of the CCRF. If the officer hadn’t first entered the apartment he could of never arrested Macooh, and gathered the evidence that resulted in the assault of a police officer. The source, entering Macooh’s private residency, could be argued as a breach of these rights, making the information and actions afterwards tainted. Therefore making the arrest and evidence “fruit of the poisonous …show more content…
7 and ss. 9 of the CCRF, is all based on what the officer believed to be reasonable cause. The officer could claim, based on Macooh’s reckless driving that his judgement was impaired because he is potentially a suspect of something unlawful. The officer could then infer, the unstableness of Macooh’s judgement could lead him to do unlawful things. That alone, could be reasonable grounds to limit ss. 7 of the CCRF and enter the security of Macooh’s residency to investigate whether Macooh was not only a harm to society but to himself. Upon entering his residency, the officer’s professional judgement told him that Macooh was indeed a potential harm to society and himself, and therefore thought it best to arrest him. Based on the events following, Macooh’s assault with intent to prevent arrest, confirmed to the officer that his suspicions were indeed accurate, proving beyond a reasonable amount that Macooh needed to be arbitrarily arrested to prevent further crime regardless of ss. 9 of the
The chase which initially involved a single police officer turned into a twenty plus police vehicle pursuit of Mr.Deady.
Four minutes after the shooting, but before the police bulletin, a Paterson police officer was chasing a speeding white car which was leaving town.
On 01-01-17 at 0023 hours I was monitoring the radio and heard that Officer Harrell #3441 and Officer Thebeau #8402 were involved in a vehicle pursuit in the area of Fair Oaks Avenue and Corson Street. I responded to the above location to assist. They advised responding units that the suspect was involved in a traffic collision on the eastbound 210 Freeway Fair Oaks Avenue off-ramp.
However, if the officer is in immediate threat, he has the right to use deadly force to protect themselves from being the victim. “The Court held that the use of deadly force is subject to the Fourth Amendment's reasonableness requirement, and that the Tennessee statute was unconstitutional in so far as it authorized the use of deadly force to prevent the escape of all felony suspects, whatever the circumstances” (Gross,2016). Nonetheless, it also depends on the seriousness of the crime as to how excessive the force may be to control the civilian actively resisting apprehension. Conversely, “what Graham did was to set the tone for how officers should be trained to react in a given situation” (Doerner,2016). Therefore, there are variables set in place to control and monitor the law enforcement standards and training aspects
...a [Lecture]. SSCI 1000 Introduction to Criminal Justice. University of Ontario Institute of Technology. Retrieved November 18, 2013
With the decision in this case of Sacramento v. Lewis cases of deprivation of life, liberty, or property without due process when dealing with high-speed pursuits will have a previous decision to look back on. High-speed pursuits are still debated as being worth the risk given to officers, suspects, and even innocent bystanders. In this case Officer Smith also failed to follow many of the procedures of the Sacramento County Sheriff’s Department but that is another case altogether. In United States Supreme Court issued its decision, over eight years after the incident, that fourteenth amendment argument against high-speed pursuits have no standing in court.
A true definition of a police pursuit “occurs when a police officer attempts to stop a vehicle and the driver of the car refuses to obey the officer” (Solgen, 1). At this point, the policeman pursues for the purpose of stopping the vehicle or being able to identify the car. The police officer should most likely be in a patrol car, so that the driver is aware that it is an officer. In a pursuit, the speed may vary. ‘High speeds are potentially more dangerous, but even low or moderate speeds can create substantial risks in congested areas”(Nugent, 1).
David Riley was pulled over on August 22, 2009 for driving with expired tags. Riley’s license was suspended and therefore, the car had to be impounded. Upon impounding the car it was searched, and its contents cataloged. When searching the car, police found two guns and added the charge of carrying a firearm to Riley’s offence. Riley also had his cell phone. The gang unit detective searched his phone and found evidence connecting Riley to gang activity. They also found evidence connecting Riley to a recent shooting of a car that belonged to a member of a different gang. Evidence on his phone, along with ballistic tests, indicated that Riley was involved in the shooting of an occupied vehicle. Riley was charged for shooting the vehicle, attempted murder, and assault with a deadly weapon and sentenced to 15 years to life in prison.
(Purdon’s, 166). Also in 1989 in addition to what sections officers could arrest for they also had to “observe recent physical injury or other corroborative evidence and the victim is a spouse of the suspect or a person with whom the suspect resides or has formally resided with.” (Zimmerman, 30).
Lewis and Graves v. Thomas are two court rulings related to police pursuits. In both cases, the court ruled that a police officer in pursuit of a fleeing motorist does not intentionally choose to cause harm to a suspect, and resulting injury or death of the suspect is not due to the negligence of the officer and the officer and agency is therefore not liable (Farber, 2007). However, through the multitude of incidents involving police officers in traffic accidents, there is no case law placing liability on a police officer or agency, unless the officer was in violation of departmental policy or grossly negligent, as shown in Haynes v. Hamilton County (Justia.com, 2017). In this case, a sheriff’s deputy pursued a vehicle reaching speeds exceeding 100 miles per hour in dense traffic. The pursuit ended when the suspect vehicle collided with a civilian vehicle, killing three teenagers. The court ruled the failure of the officer to terminate for safety reasons was thereby
Police officers encounter many chases throughout their careers. High speed chases are the most common. They risk their lives in order to stop the criminals before they endanger someone else’s life. Road blocks are used to crack down on drunk driving, drug users, and also driving without a license or insurance. It is a police officer’s job to insure that each victim, witness, and criminals deserve to be treated with respect and compassion.
Law enforcement must have reasonable suspicion and probable cause to pursue the defendant. A police officer, whom may have probable cause to believe that the defendant is in the process of a crime or a crime committed, is able to enter the garage to arrest the individual without an arrest warrant or search warrant. Under the fourth amendment the police officer is not required to delay his investigation to do so would endanger their lives and others. (Katz v. United States).
Police discretion is defined as an authority given to police officers to make judgment calls, as to whether or not they will follow policing statues, or allow someone to leave with a warning. According to the text, discretion occurs at every level of decision making within the criminal justice process, and how it is used can affect other components within the system.
If you've ever seen a movie with a high speed chase, or footrace against the cops, where the person outsmarts the police and gets away; then you've most likely imagined yourself in the same action filled position. Then you sadly realize that this isn't real life, and if you were really being chased, you would most likely end up being caught. In most cases, this is the truth, but if you know a few crucial steps to outrunning the law, prior to the chase, than your chances of escaping will increase greatly.
society today is the 4th Amendment. The 4th Amendment restricts police officers from searching or seizing evidence or persons unless they have a warrant that was obtained with probable cause. For those who don’t know what it is an instrument, issued by a magistrate, authorizing an officer to make an arrest, seize property, make a search, or carry a judgment into execution. Provided it allows the police to not have so much power. We need to be able to feel safe in our own homes. Have our privacy and no one should be allowed to barge into a house just because they think they have the authority. If the person who’s home is being barged into is being investigated by the police the officers shouldn’t be able to just go in and out of the their house at whim. They shouldn’t be allowed to just take anything they find that “incriminates” that person as evidence because it could have been planted by the officer. Furthermore, there should be a court order allowing the officer to go into the house because the evidence collected without the warrant isn’t viable. The police have been known to take the power they are given by the government too far and the 4th Amendment allows American citizens at least some type of protection from the government in our own