Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
Professional Police Traffic Stops
While the 4th Amendment to the U.S. Constitution guarantees that individuals have the right to be free from undue searches and seizures, the U.S. Supreme Court has stated that police actually have the right to conduct traffic stops and checks, such as DUI checkpoints. The case of Michigan Dept. of State Police v. Sitz (1990) held that "petitioners' highway sobriety checkpoint program is consistent with the Fourth Amendment" based on precedent cases such as United States v. Martinez-Fuerte and Brown v. Texas, in which it was constitutionally upheld that police had the right to stop and conduct searches so long as the intrusion was not excessive and the search deemed reasonable based on attenuating factors.
For a checkpoint search to be reasonable there has to be probable cause: thus, police will conduct a balancing test to gauge the driver's sobriety before conducting a search. (If the driver fails the sobriety test it is deemed that a search is warranted). However, the seizure part of the checkpoint has raised eyebrows, as this is completely random and every car is made to stop in order to accommodate the police officers' wishes.
While some have argued that this constitutes...
of State Police v. Sitz (1990) has decided that a state has a duty to protect its streets and guarantee the safety of its citizens and if setting up a dragnet to conduct checkpoints facilitates this end, then it is not a violation of the U.S. Constitution. Essentially, it is a matter of state authority overriding personal authority because of the good reason of protecting the public that is at the heart of the operation, according to the decision of this case.
The key elements that establish a traffic stop as legally defensible and professional are that it must be minimally intrusive, the location for the checkpoint must be chosen based on data collected by the National Highway Traffic Safety Administration (which issues guidelines on how to conduct stops and checks), the operation of the checkpoint must follow the guidelines of the Traffic Safety division and the checkpoint should be publicized.
The case of Ingersoll v. Palmer (1987) as decided by the California Supreme Court as put out a number of points that can be followed in order to ensure that a check is conducted legally and professionally…
References
Ingersoll v. Palmer. (1987). Retrieved from http://scocal.stanford.edu/opinion/ingersoll- v-palmer-30801
Michigan Dept. of State Police v. Sitz. (1990). FindLaw. Retrieved from http://caselaw.findlaw.com/us-supreme-court/496/444.html
Drive-by Shootings One community problem that can be addressed through a Community Oriented Policing Service (COPS) program is the tragedy currently plaguing communities throughout the nation: drive-by shootings. This particular criminal incident involves the shooting of a gun from a moving vehicle at a person, building, or other vehicle and while it may not be as common as a shooting involving persons on foot, it almost always involves multiple victims. However
Nursing Interview One of the remarkable things about the nursing profession is the wide variety of work opportunities available to nurses. This paper highlights information about a unique nursing career. Jenny J. is a nurse who works for NASA at the Johnson Space Center in Houston, Texas. In her career as a nurse working for NASA, Jenny's work experience may seem to be outside of the realm that one traditionally associates
Aviation Safety Aviation Security "As the first flights began again on September 15, some crews refused to fly, not confident of airport security. Those who steeled themselves to work entered a strange new workplace. With no guidance from the airlines or the Federal Aviation Administration (FAA) on how to handle potential future hijackings, flight attendants inventoried galleys for objects they could use as defensive weapons. Shell-shocked passengers sometimes hugged flight attendants as
What are the recognized threats Recognized threats on a national and international level include, expansion of international terrorism, as a result of universal fundamentalist Arab calls for violence against those who oppress Arabs. Israel is at the center of this conflict as the most regionally active, non-Arab state and as a result of historical actions taken by it to maintain itself and its territories, both recognized and occupied. Short contemporary history of
Parent's Selection for Supplementary Tutoring Centre in Hong Kong - Primary School Level With reference to the above discussion, it can be apparently observed that the education industry in Hong Kong is quite expanded. However, the performance of students and educational growth in the country can be observed to be weakening which indicates that the education sector in Hong Kong requires to be facilitated significantly within a short-run period. This
On October 6, 1973, Israel was attacked by the combined forces of Egypt and Syria. It was Yom Kipper, the most sacred day in the Jewish calendar. Egypt began as Israel had, with an air attack. On the ground, Israel was outnumbered six to one, fielding only about 200,000 soldiers against a combined force of over 1,150,000 Arab troops. Once again, the Soviet Union was involved, sending over 1,000 tons