¶ … police and law enforcement officers have more or less discretion? Why? Give an example of a specific discretionary power in your answer. What parameters may be used to set the limits to discretion, apart from the provisions of applicable laws? Consider the role of ethics in society and discuss how those ethics are funneled to policing and law enforcement. What impact do varying ethical norms of the increasingly diverse American society have on policing? As the police force itself becomes more diverse, would we see different police responses to similar situations?
Although the Fourth Amendment protects against unreasonable searches and seizures, the police have considerable latitude in determining what constitutes probable cause. In general, "courts ordinarily suppress evidence obtained during an unreasonable search or seizure and offered against the accused" and a warrant must be obtained (Fourth Amendment, 2013, Cornell University...
However, exceptions to the Fourth Amendment include the plain view doctrine which holds "if a government agent takes possession of property not included within the warrant but that was in the plain view of the government agent, then the property may be taken" (Fourth Amendment, 2013, Cornell University Law School). Also, officers can search and seize the property of a suspect who is under arrest -- even if later it is found that the suspect was wrongly apprehended for the particular crime he was arrested for and another form of contraband or evidence (constituting a different crime) was found during the search.
The good faith exemption is also valid if a "suspect, either during a traffic stop or otherwise, makes a furtive gesture, the gesture justifies a limited warrantless police intrusion" and if "exigent circumstances will make obtaining a warrant impractical" (Fourth Amendment, 2013, Cornell University Law…
