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Introduction to the Constitution and Law Enforcement
Principles of LPSCS
Copyright and Terms of Service
Copyright © Texas Education Agency, 2011. These materials are copyrighted © and trademarked ™ as the property of the Texas Education Agency (TEA) and may not be reproduced without the express written permission of TEA, except under the following conditions:
1) Texas public school districts, charter schools, and Education Service Centers may reproduce and use copies of the Materials and Related Materials for the districts’ and schools’ educational use without obtaining permission from TEA.
2) Residents of the state of Texas may reproduce and use copies of the Materials and Related Materials for individual personal use only, without obtaining written permission of TEA.
3) Any portion reproduced must be reproduced in its entirety and remain unedited, unaltered and unchanged in any way.
4) No monetary charge can be made for the reproduced materials or any document containing them; however, a reasonable charge to cover only the cost of reproduction and distribution may be charged.
Private entities or persons located in Texas that are not Texas public school districts, Texas Education Service Centers, or Texas charter schools or any entity, whether public or private, educational or non-educational, located outside the state of Texas MUST obtain written approval from TEA and will be required to enter into a license agreement that may involve the payment of a licensing fee or a royalty.
Contact TEA Copyrights with any questions you may have.
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Fourth Amendment
People to be secure in– Persons– Houses– Papers– Effects
Free from– Unreasonable search
and seizure– Warrant issued only
under probable cause– Based on Oath or
affirmation– Describing person,
places, and/or things to be searched and seized
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ABSOLUTE CERTAINTY
Criminal Jury Verdict
Beyond a Reasonable Doubt
Non-Suggestiveness of Identification Clear and Convincing
PreponderanceCivil Trial Decision
Take Case to Jury Prima Facie
Arrest, Search, Indictment, Information
Probable Cause
Reasonable SuspicionStop, Frisk, Question
Mere Hunch
NO BASIS FOR KNOWLEDGE4 Copyright © Texas Education Agency 2012. All rights reserved.
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Levels of Proof
Probable Cause
Facts or evidence that would make a reasonable person believe that a crime or wrongdoing has been, is being, or will be committed
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What would be considered Probable Cause in this picture?
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Probable Cause Building Blocks
Flight Furtive acts or movement Hiding Attempting to destroy evidence Resistance to officers Admissions or confessions Evasive answers/conflicting stories Unreasonable explanations
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Probable Cause Building Blocks (continued)
Physical evidence (latent prints/hair/handwriting) Identification by witness Contraband or weapons in plain view Hearsay information (informant, anonymous tip) Computerized information (TCIC/NCIC) Police radio broadcast Drug dogs Electronically obtained evidence
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When is a Person Arrested (CCP 15.22)?
A person is arrested when he or she has been actually placed under restraint or taken into custody by an officer or person executing a warrant of arrest, or by a person having authority to arrest
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Constructive Custody Confined, Imprisoned, In
Custody Actual, corporeal, and
forcible detention of a person
Detention within limits
Restraint Control exercised over
another Certain limits Subject to “general
authority”
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Custody
Constructive Custody v. Restraint
Medford v. State– The restriction of a person’s liberty may occur
whether through physical force or the person’s submission to authority
– A reasonable person would believe that restraint of freedom is equal to a former arrest
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When Can I Be Arrested and How?
Arrests can occur at anytime, day or night (CCP 15.23)
Any amount of force necessary may be used to make an arrest; no greater force, however, shall be resorted to than is necessary to secure the arrest and detention of the suspect (CCP 15.24)
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Elements of an Arrest
Intent Authority Custody (Seizure or
Detention) Understanding of Subject
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Arrest Without a Warrant
Offense within view (CCP 14.01) Offense within view of magistrate (CCP
14.02) Felony offense, no time to procure a
warrant because the offender is about to escape (CCP 14.04)
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Arrest Without a Warrant (continued)
Authority of Peace officers (CCP 14.03)– Felony– Breach of peace– Disorderly conduct (Penal Code (PC) Ch 42)– Public Intoxication– Inchoate offense– Assault (protection)– Family Violence (bodily injury)– Prevent theft
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Temporary Detention Reasonable suspicion Activity occurring or just
occurred Person connected to
activity Limited time Florida v. Royer
– Investigative detention– No longer than necessary– Scope of detention
matches justification
Stops Justified if
– No “fit” time or place– Description of wanted
person– Emotional, frightened,
intoxicated– Running/furtive
movements– Loitering/hanging
out/look out– Crime scene area
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Show of Force and Authority
“Terry Frisk”
– Unusual Conduct– May be armed and dangerous– Protection of self and others– Suspicion of crime and weapon to be used– Careful pat of outer clothing– Alone and no backup– Emotions or behavior of suspects
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Where a police officer observes unusual conduct which leads him or her reasonably to conclude in light of his or her experience that criminal activity is afoot and that the person with whom he or she is dealing may be armed and dangerous, …he or she is entitled for the protection of himself and others to conduct a careful, limited search of the outer clothing of such persons in an attempt to discover weapons which might be used to assault him or her
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Terry v. Ohio
Prying into hidden places for that which is concealed
A violation or an invasion of the expectation of privacy (the 4th Amendment protects people, not places)
Is not a search to observe that which is open to view
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Search Defined
Search Warrant Requirements
Definition (CCP 18.01) Neutral and detached magistrate Probable cause/staleness Sworn affidavit including
– Offense committed– Property to be searched– Property to be seized
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Search Warrant Exceptions
Protective sweep Protection of evidence from destruction Evidence is discovered in plain view Property or contraband that, as a result of
the search, is believed to exist at another location on the property
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Search Warrants Unnecessary
Vehicles Open fields Anything with consent Abandoned property Inventory Plain view
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Must be limited to the area where items can be found
Must be listed on the warrant
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Scope of Search
Searches at School
Types allowed– Backpack searches– Locker searches– Vehicle searches– Strip searches– Metal detector use– Drug dog use– Searches with consent
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Searches at School (continued)
Reasons– Must be justified– Must have reasonable suspicion that a law or
a school rule violation has occurred – Must be reasonably related to the
circumstances– Must be conducted in a reasonable manner
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Authorities– Administrators
Reasonable suspicion– Tips– Past behavior– Student’s reaction
to questions
– Police Probable Cause Law Violation
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Searches at School (continued)
Searches with Consent
The person must have the authority to consent– Must be at least 17 years of age– Must be the owner of the property and have the legal
right to access the area being searched or an agent acting on the behalf of the owner
– Must be mentally capable of understanding consent and its possible consequences
The person may withdraw his or her consent at any time
The person may limit the scope of the search
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Search Incident to Lawful Arrest
The arrest must be lawful Only the search area of immediate
control The search must immediately follow
the arrest The search may be conducted to
prevent destruction of property
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Contraband – property of any nature, including real, personal, tangible, or intangible, that is used in the commission of a crime or has been altered from its original intended use– Item used in the commission of a crime– Obtained from the commission of a crime– Illegal by statute or case law
29
Seizure of Property
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Seizure of Property (continued)
Plain-View Doctrine– Coolidge v. New Hampshire
Initial intrusion must be lawful or lawfully be in a position to view contraband
Discovery must be inadvertentMust immediately be able to tell that the
property is illegal to possess
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Seizure of Property (continued)
Exclusionary Rule– No evidence will be admitted into trial if obtained by a
violation of constitutional rights (CCP 38.23)– Mapp v. Ohio – any evidence obtained illegally will be
excluded from trial Officers may seize any items (contraband) that
they reasonably believe are evidence of a crime or have been obtained as a result of criminal behavior
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Use of Force Custody Escape Deadly Force Force Reasonable or Necessary Force Deadly Weapon Serious bodily injury
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Use of Force Key Terms (PC Ch 9)
Legal Authorities for the Use of Force
Justification as a Defense (PC 9.02) Confinement as Justifiable Force (PC
9.03) Threats as a Justifiable Force (PC 9.04) Reckless Injury of Innocent Third Persons
(PC 9.05)
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Civil Liabilities of Officers and Legal Remedies
Justification Generally (PC Ch 9 subch B)– Privileged Use of Force (state law) is not a defense to
civil liabilities– Public Duty (PC 9.21)– Necessity (PC 9.22)
Protection of Persons (PC Ch 9 subch C)– Self-Defense (PC 9.31)– Deadly Force in Defense of Third Person (PC 9.32)– Defense of Third Person (PC 9.33)– Protection of Life or Health (PC 9.34)
Civil Practices – remedies Code 83.001
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Civil Liabilities of Officers and Legal Remedies (continued)
Protection of Property (PC Ch 9 subch D)– Deadly Force to Protect Property (PC 9.42)– Protection of one’s own property (PC 9.41)– Protection of Third Persons Property (PC 9.43)– Use of Devices to Protect Property (PC 9.44)
Law Enforcement (PC Ch 9 subch E)– Arrest and Search– Prevention of Escape from Custody– Maintaining Security in a Correctional Facility
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Civil Liabilities of Officers and Legal Remedies (continued)
Special relationships (PC Ch 9 subch F)– Parent-Child (PC 9.61)– Educator-Student (PC 9.62)– Guardian-Incompetent (PC 9.63)
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Civil Remedies Unaffected
Use of Force against a person– In custody for interrogation– Who poses no threat and– Initiates no action– Is unconstitutional
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Civil Remedies Unaffected (continued)
Federal Law– Officer immune from monetary liability if
He or she reasonably believes the conduct was lawful
– Based on information the officer possessed and
– Clearly established constitutional law
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Civil Remedies Unaffected (continued)
Tort – A private or civil wrong or injury resulting from a
breach of a legal duty– Winning a tort suit requires proof that there was a
duty breached, and the breach caused the injury or damage
– Three Degrees of Tort actions Negligence Gross negligence Intentional action
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Use of Force Continuum (Sample)
Officer Presence Verbal commands Empty-Hand Control
– Soft– Hard
Less Than Lethal Deadly Force
No Force is used Force is not physical Soft – grabs, holds,
pressure points Hard – kicks and punches Baton, OC spray, and
Taser Firearm
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Resources
Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) http://www.tcleose.state.tx.us/
Arlington Police Academy http://www.statutes.legis.state.tx.us/ www.searchandseizure.org Do an Internet search for the following:
– Police defend use of force in shooting– Caselaw findlaw Tennessee v Garner
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