Social Construct Theory

{The U.S. Constitution}

The Foundation / Bedrock of L.E.

- In establishing a government and L.E., people give up some of their personal freedoms (the freedom of anarchy, such as it is) and give the government the authority to enforce laws and agreements.

-{A voluntary contract between the government and the people. But the government must be fair and just.}

Is your choice  LEGAL, ETHICAL, MORAL

(if you answer NO to anyone of the 3, IT'S WRONG TO DO)

define Theft 943.20 

 (Specific traits of a crime that must be met in order for that crime to exist)

- Whether or not a crime has been committed

- What questions to ask suspects and complainants?

  - To know how to act immediately 

- Reasonable suspicion that criminal activity is a foot

-The officer must reasonably suspect that the person is committing, has committed or is about to commit a crime.

-This quantum is not the same as probable cause to arrest; it is less than that, but more than"mere suspicion.“

Intentional:   the highest degree of mental fault requiring “mens rea” or a guilty mind

Recklessness:   actions that show an utter disregard for human life but lack specific intent

Negligence:   failure to perform a required duty but lacks

specific intent

-1968 Terry vs. Ohio

- 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."

- WI SS 968.24

- (1925) Carroll vs. United States

- allows the warrantless search of a motor vehicle to search an entire motor vehicle and any containers inside it if there is probable cause to believe the vehicle contains contraband or evidence of criminal activity.

- that quantum of evidence

which would lead a reasonable police officer to believe that a crime has been commited.

actions that show an utter disregard for human life but lack specific intent.

failure to perform a required duty but lacks

specific intent.

{leaving a child in a hot vehicle}

- It is a crime that does not require proof of specific intent, recklessness or negligence. Even if ignorant of the law, the act itself is still illegal.

(IE: possession of child porn, possession of heroin, or statutory rape.)

1.) Our Training

2.) Our Experience

3.) The Facts of the Situation

The Bill of Rights

{known as restrictive clauses}

-officers can frisk when they feel they are in danger or another is in danger of physical injury.

- have to be able to specifically articulate multiple reasons for the frisk.

{paint the picture}location, time, known info., conditions, 

- mandates that evidence obtained from an illegal arrest, unreasonable search, or coercive interrogation must be excluded from trial.

-

{Lines on a Map / Words in a Book}

- the Authority to act based off the Statutorial right and / or Geographical boundaries.

6 Rules for a Terry Stop ?

{Temporary Detainment for Questioning}

1.) It must occur in a public place. (a place accessible

without breaking and entering)

2.) The officer must identify himself/herself as a law

enforcement officer.

3.) The officer must reasonably suspect that the

person is committing, has committed or is about

to commit a crime.

4.) The officer may demand the person's

name and address and explanation of

his/her conduct.  {subject can refuse / but not walk away.}

5.) The temporary detention for questioning

must be in the vicinity of the initial stop.

6.) The questioning may only be for a

reasonable length of time. {about 20 mins}

- In a Public or Private place,

- Engages in Violent, Abusive, Indecent, Profane, Boisterous, Unreasonably Loud or otherwise Disorderly Conduct,

- Under circumstances in which the conduct tends to Cause or Provoke a Disturbance.

-Knowingly caused damage to physical property of another.

-With intent caused the damage.

-Without the consent of owner.

1) Time of day;

2) Nature of underlying offense the officer is

suspicious of

3) Attitude and Demeanor of Subject;

4) Number of Subjects as compared to

officers

5) State of Intoxication of subject

6) Whether the officer is Lawfully placing the

subject in close quarters such as a squad.

-Whoever Intentionally Takes and Drives

-any vehicle

-without the consent of the owner

-OWOC and “drives or operates” is a lesser felony

-OWOC with use of a “weapon or force” creates a higher felony

-OWOC and “abandoned the vehicle without damage within 24 hours” is a misdemeanor

-OWOC and “intentionally accompanies, as a passenger in the vehicle” is a misdemeanor

-whoever knowingly or intentionally,

-receives or conceals stolen property.

-Whoever enters a dwelling of another (apartment, room, building or other structure).

- when it was locked.

-w/out the consent of a person in lawful possession of premises.

1) Abandoned objects

2) Automobiles {Carroll Doctrine}

3) Community Caretaker

4) Consent searches

5) Custodial searches

6) Exigent Circumstances

7) Frisk after a Terry Stop

8) Hot Pursuit

9) Incident to a Lawful Arrest

10) Inspection pursuant to law – administrative - borders

11) Plain View

12) Private searches

13) Probation search

14) Search of a person on P&P

15) Protective sweep

16) Public place – Open Fields

all 3 are required:

- Custody  {not free to leave}

- Interrogated  {questions invoking an incriminating response}

- Agent of Law  {Officer, or any agent of the government}

What is the Shatzer Rule ?

{2010 Maryland v. Shatzer}

- when police take a person into custody and that suspect invokes his right to an attorney and is then released, police must wait 14 days before attempting re-interrogation after release.

- to any interrogation on any crime by any officers.

{prison and in general population, he is considered released from custody.}

What is the Gant Doctrine ?

{Arizona v. Gant in 2009.}

-arrest of a person from a vehicle does NOT automatically allow you to search the vehicle incident to that arrest.

-Gant requires law enforcement officers to demonstrate a threat to their safety or a need to preserve evidence related to the crime of arrest in order to justify a warrantless vehicular search incident to arrest conducted after the vehicle's recent occupants have been arrested and secured.

- under formal Arrest 

-or restraint from Freedom of Movement

- The critical factor is when a reasonable defendant would believe that they are not free to leave and are in police custody.

- any Officer

- anyone acting on behalf of an Officer

- Instructed to do by an Officer

{officer tells principal to search lockers, etc}

- "public safety" doctrine 

- questioning during booking

- NOT Crimes  {OWI 1st offense, CHIPS, ED, some municipal ordinances}

- New York v. Quarles (1984).

-  Officer may question if necessary to secure their own safety or the safety of the public.”



time of day,



number of officers involved in questioning,



manner of questioning,



place of questioning,



length of questioning and persons present with the suspect.

- voluntarily given; 

- knowingly given

- uncoerced

-was a decision by the Supreme Court of the United States that held that all occupants of a car are "seized" for purposes of the Fourth Amendment during a traffic stop, not just the driver.

- passengers can NOT leave a vehice on a Traffic stop anymore.

+ Allows officers to seize items so long as......

1.) Officer is Legally, Lawfully in a place to observe

2.) Can not Manipulate or move anything to see

3.) Able to Immediately identify the items as contraband and/or instrumentality.

+ Be in writing and signed by the issuing judge.

+ Be directed to a law enforcement officer.

+ Command that a specified place or person be searched.

+ Describe the subject matter of the search.

+ Be dated.

+ Based upon a sworn complaint showing Probable Cause.

+ 5 days to serve after issued

+ 48 Hours to return warrant and report after scene is released.

+ Officer files complaint or affidavit. 

+ Provides sufficient evidence for judge to find probable cause.

+ Objects to be seized are still in the place they are supposed to be.

+ Evidence must be recent in time.

+ 4 Days or older can be considered stail.