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law enforcement test 2


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organization theory
a body of research and practice that looks at organizational arrangements in a structural sense, mush like a map. (How tasks should be divided or how personnel should be assigned)
organization behavior
examines how people act within an organization (motivation, leadership, dynamics)
progressive reform
late 1800s objective was to hire and premote by merit not by who you knew , and discapline by rule.
Max Webber
suggested that organizations represented the natural trend in society toward rationalization. essential aspect of organziation was hierarchy represented by the emergence of bureaucracy. clear lines of authority.
Fredwick Winslow Taylor
examined the way people work and the way the organization is structured. Scientific management theory. breaking work down into its smallest parts to better understand it, this will enable you to train a worker to do exactly what the job required. wanted to link skill and productivity to pay.
scientific management theory
breaking work down into its smallest parts to better understand it. By better understanding of the work you could sicientifically train a workder to do exactly what the job required.
luther gulick
effective communication was essential. small span of control. unity of command should apply from the top to the bottom, everyone should report to one person. the line of authority was traceable from any person to the top of the organization. Dominance of an idea. Structing authority.
dominance of an idea
by luther gulick. meant that a set of values such as a mission statement could dominate the management of an organization and direct its activitys.
structing authority
the use of hierarchical authority to impose managements disires by others and supervision
goal displacement
learn to focus on rules rather than service
trained incapacity
people are trained not only what to do, but also what not to do
Human relations theory
examined the impact of individuals and small groups on organizations. motivation and leadership
contemperary management theory
systmes theory- enviroment may affect agency.
contingency theory- cannot rely on any one particular thoery. attempts to identify which factors are most relevant and what their impacts are
problem oriented policing
efforts are organized around a particular problem.
team policing
team are created based upon specific areas (geographic or a problem)
divison of labor
span of control
the number of subordinates that an individual can effectively control
delegation of auhtority
delegates task not resonsibiltiy/authority
unity of command
only accountable to 1 supervisor
critical incidents
act under theory of containment.
establish a kill zone.
establish a command post
***colombine-creation of the active shooter procedure.
sources of law in the US
*administrative law
common law
why must law enforcement personnel know the sources of law?
b/c it is also the sources of authority for their decisions or actions
common law
derived from England. Judges in England needed to make judgements but had no legal guidleines. decisions were relied upon other judges with similar porblesm (PRECEDENT)
Stare Decisis
act of relying upon precedent. prior decsions should be followed if the facts of the case are similar. This body of law evolved into common law
Marbury V. Madison
establishes the US constitution as the supreem law of the land.
what is the constitution
a grant of power by the people to the governement
what is in article 1 of the constituion?
Applying the bill of rights to the states
1868, with the passage of the 14th amendement, wasnt interpretated as such until the 1940s
what amendment had the largest impact on policing
4th amendment, serach and seizure
levels of proof
100% certainity
beyond a resonable doubt
clear and convicing
preponderance of the evidence
probable cause
petit larceny
a person is guilty of petit larceny when he steals property-- deminion and control of the item.
administrative law
court-made law, agency rules, and statutory law.
an invasion by an agent of the states. belives to be private or protected
aquire information (persons/things) "the meaningful interferance"
Payton V. NY
warrentless search is unconstitutional.
search warrent exceptions
1. incident to a lawful arrest
2. exigent cirucumstances
3. consent
4. car search
5. plain view
people v. DeBour
1. request for information
2. common law right of inquiry
3. reasonable suspicion
4. probable cause.
police initiated citizen encounter. right to be left alone
1. basic no threatening questions
2. common law right of inqury
3. terry pat
4. arrest
when does right to counsel attach
with the filing of an arrest warrent
car search exception
search based on probable cause. if your arrested in your car, they tow it and do an inventory serach
plain view
police have a lawful right to be there
consequence of an unlawful search
evidence is supressed. exclusionary rule (mapp v. ohio)
Rodney king
beaten up by police. violatied his federal civil rights. insurance doesnt allways cover an officer
when is miranda needed?
prior to custodial interrogation
the belief that a reasonable person whould have when their freedom of movement is restricted.
any word/action designed to elicit a response.
police officer roles
protect the public- enforce the law/crime fighter
preserve the peace- order maintnace role/directed patrol
provide services
James Wilson
3 different types of officer styles
1. watchman- lets the minor stuff go, unless challenged. Follows the path of least resistance. lower/middle class neighborhood. tend to use more force
2. legalistic- by the book. minor violations are not ignored. see things in black and white. follows "scandles". remove discretion
3. service- more affluent neighborhoods. responsive to all 911 calls for service
William Muir
styles of policing
1. enforcer-emphasis on authority
2. recipricator- extremely helpful. attempts to reach resolution in every case. empathy and sympathy.
3. avioder- an officer that attempts to avod any and all problems
4. professional- officer understands the job and does the best work they can
John Broderick
officer personality
1. optimist- emphasizes individual rights, demphaiszes crime fighting
2. idealist- high emphasis on due process. suffers from job dissatisfaction.
3. realist-appears to be content, less job frustration
4. enforcer-high value on social order. in the expense of individual rights
roles within an organization
officer/deputy/trooper- the eyes and ears of the department. Frontline, contact with public, does some investigation
investigator/detective- promotional job. "follow up investigation." more experience
sargent- responsible for above. supervisor... to make sure policy is implemented and to make sure policy makers understand needs of frontline.
external: frustration with judical process, lack of consideration by courts in scheduling, distorted media coverage
Internal: politics, excessive paperwork, vacation schedule, danger, deal with people at their worst.
a civil injury to a person or a persons property. can be intentional or negligent.
the process of assigning numbers to statutes
delegation of authority
a legislative body gave authority to make laws or administrative rules in a certain area to a specific administrative officer or agency.
preliminary hearing
held to determine if there is sufficient evidence to send the case to the district attorney or the grand jury. The beginning of a felony, held by lower courts
warrent requirement
used to reduce the likelihood of arbitrary arrests
stop and frisk
Terry v. Ohio, and off duty police officer observed what led him to conclude was a person preparing to commit a crime. you may do a pat down if you have reasonable suspicion that criminality is afoot. Pat down the outer clothing only. The item must be identifiable immediately.
Search incident to a lawful arrest
when a person is lawfully arrested, a police officer can search the immediate vicinity of the person in order to secure any weapons or evidence within the suspects reach (chimel v. California). Cannot search in a dresser draw for another person, b/c they obviously wouldn’t fit.
automoblie exception
officers may conduct a full search of an automobile at the time of an arrest or stop if there is probable cause to believe the vehicle contains evidence of a crime. this is b/c automobiles move, and the expectation of privacy is not as high b/c they are highly regulated. Without probable cause officers may only search for weapons within the areas immediately within the reach of the occupants. Some refer to this an exigent circumstance- the conditions that create an need for immediate action to prevent the destruction of evidence. Supreme court ruled that exigent circumstances cannot lead to probable cause or even reasonable suspicion, the automobile alone is not enough to cause exigent circumstances.
must be freely and intelligently given. If a person consents then they cannot later contest the results of the search
role of law enforcement personnel
1. protecting life and property
2. preserving the public peace
3. preventing crime and terrorist activity
4. detecting and arresting violators of the law
5. enforcing the law
role conflict
the confusion and frustration sometimes encountered by officers who experience competing, and sometimes opposite, values and expectations.
means that law enforcement officers have wide latitude in choosing which role to assume and which tactics, approaches, or behaviors to employ while acting within a given role. There are numerous factors that influence discretion the law, officer attitude and character, department policy, political expectations.
officer style
the manner in which an officer an officer carries out his or her role. It includes various techniques, mannerisms, vocabulary, body language etc, employed by an officer to achieve an objective. May have a primary and a secondary style.
what influences officer style
the nature of the complaint, the type of service needed, the environment, the person or person present, the objective to be achieved, the agencies philosophy and values, and peer pressure.
what influences role
Democratic process, occupational culture, ethics, socialization, training, availability, technology, and laws combine to influence the role of policing in American society.

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