Transcript 2 Constitutional Law

Introduction to Law
Focus on
Constitutional Law
Daytona State College
School of Emergency Services
Legal
Focus on Constitutional Law
Objectives
• Importance of the U.S. Constitution to
police
• Bill of Rights
• Basic concepts
• Articles of the Constitution
• Supremacy clause
• Amendments
Daytona State College
School of Emergency Services
Legal
Focus on Constitutional Law
Objectives
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First Amendment
Second Amendment
Fourth Amendment
Fifth Amendment
Sixth Amendment
Eighth Amendment
Fourteenth Amendment
Case law
Daytona State College
School of Emergency Services
Legal
Focus on Constitutional Law
The U.S. Constitution
• Basic concepts
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Protection from government abuse
Case law interprets the Constitution
Defines law enforcement (executive branch) role
All people stand equal before the law
• History
– Constitution was written in the late 1780’s
– Concepts apply today
Daytona State College
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Legal
Focus on Constitutional Law
The U.S. Constitution
• Basic Concepts
– People share rights
• Freedom of speech
• Protection against unreasonable searches and seizures
– An arrest is a seizure under the Constitution
• Prohibition of cruel and unusual punishment
– Described in the Bill of Rights
Daytona State College
School of Emergency Services
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Focus on Constitutional Law
The U.S. Constitution
• Purpose of government
– Secure and protect the people’s rights
– Be the agent of the people, not their master
– Law enforcement officer represents government
• Constitution sets parameters within which
government operates and establishes law
– Supreme Court resolves issues or conflicts which
arise under the Constitution
Daytona State College
School of Emergency Services
Legal
Focus on Constitutional Law
Articles of the Constitution
• Main body
– Forms a contract between the government and the
people
– Spells out responsibilities and authority of the
three branches of government
• Executive
• Legislative
• Judicial
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Supremacy Clause
• Incorporated in Article IV
– When there is a conflict, the U.S. Constitution and
Federal law overrules state and local law
– State law can be more restrictive, but cannot
undermine the Federal standard
– The decisions of Federal courts, Federal Appeals
courts and the Federal Supreme Court hold over
the state courts
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Focus on Constitutional Law
Amendments
• Constitutional adjustments
– Resolve changes that need to be made
• Women voting
• Voting age
• Bill of Rights
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First ten amendments spell out specific rights
Part of the original 1789 Constitution
Some states would not ratify without them
Vital to law enforcement officers
Daytona State College
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Legal
Focus on Constitutional Law
Bill of Rights
• Designed to specify certain direct rights
– Prevent obvious government intrusions to freedom
– Relevant at the time, applicable to today
– Law enforcement concerned with
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First
Second
Fourth
Fifth
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• Sixth
• Eighth
• Fourteenth
Legal
Focus on Constitutional Law
First Amendment
• Freedom of
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Speech
Press
Peaceful Assembly
Religion
• Law Enforcement Activities
– Disorderly conduct
– Seizure of media materials
Daytona State College
School of Emergency Services
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Focus on Constitutional Law
Second Amendment
• Right to bear arms
– Gun ownership
– Government may prohibit certain individuals from
owning or possessing guns
– Recent court decisions and legislation has reduced
government intrusion on gun
ownership
• Washington D.C. law on “no handgun
ownership” struck down by the
Supreme Court
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Fourth Amendment
• Unreasonable Search and Seizure
– Key word is “unreasonable”
– Court decides reasonableness
– Law enforcement must keep up with cases to
determine what is currently reasonable and
unreasonable
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Fourth Amendment
• Requires a warrant
– Independent magistrate (judge) determines that
there is enough probable cause
• Search
• Seize (arrest)
– Neutral third person doctrine
• Non-involved third person decides
on probable cause
• “Judge shopping”
Daytona State College
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Fourth Amendment
• Law enforcement activities affected
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Entry into homes, vehicles, luggage, purses
Interference with the right to possess property
Stops and arrests
Use of force
• Reasonable expectation of privacy
– Overriding doctrine upon which
Fourth Amendment violations
are judged
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Fifth Amendment
• Compelled self-incrimination
– Cannot be forced to testify against yourself
– Exceptions for Internal Affairs investigations
(Garrity rule)
• Requires Grand Jury Indictment for capital
crimes
– Even if an arrest has
already been made
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Fifth Amendment
• Double Jeopardy
– Cannot be tried twice for the same crime
• Appeal is not a new trial
• Can be tried for different offenses resulting from the same set of
circumstances in different systems
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State criminal court
State civil court
Federal criminal court
Federal civil court
• Multiple prosecutions usually
involve Federal civil rights
violations
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Fifth Amendment
• Due process
– Cannot be deprived of life, liberty or property
without due process of law
– Everyone gets a hearing or trial before an impartial
judge
– There is a process that is the same for everyone in
resolving conflicts
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Sixth Amendment
• Right to a speedy trial
– Misdemeanor: 90 days
– Felony: 180 days
– Speedy trial may be waived by
the defendant
• Right to a public trial
– Nothing in secret
– Media allowed to report it
– No secret evidence – all public
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Sixth Amendment
• Right to counsel
– May have counsel if desired
– If indicted, must have counsel
• Right to an impartial jury
– May waive the right to a jury trial (bench trial)
– Rules have been established for choosing a jury
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Sixth Amendment
• Right to be informed of the charges
– First appearance
• Informed of charges
• Informed of rights
• Determine if the public defender is needed
• Right to confront witnesses
– Testify in open court
– Able to be cross-examined
– Rules established in special cases
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Eighth Amendment
• Excessive bails and fines
– Bail set by judges in a bail schedule, added by the
jail
– Police no longer set bail
• Cruel and unusual punishment
– No law enforcement involvement in punishment
Daytona State College
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Focus on Constitutional Law
Fourteenth Amendment
• Bill of Rights originally applied only to the
Federal government
– States felt that they could do what they wanted,
even in conflict with the supremacy clause
– Fourteenth applied the Bill of Rights to the states
• Passed after the Civil War
– Known as the Due Process Clause from the 14th
Amendment
• Fifth also deals with Due Process
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Keeping Current
• Rules constantly change
– Supreme Court decisions, Appeals decisions
– Officers are responsible for keeping up
• Ignorance is not an excuse
• Good sources
– Agency training bulletins and legal advisories
– Law enforcement publications with citations
– Official web sites
Daytona State College
School of Emergency Services
Legal
Focus on Constitutional Law
Keeping Current
• Good sources
– FDLE
– Florida Attorney General
– Florida Supreme Court
• Bad sources
– Television/media
– Internet
– Newpapers
Daytona State College
School of Emergency Services
Legal
Focus on Constitutional Law
Keeping Current
• Violating case law can result in:
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Exclusion of evidence
Case dismissal
Administrative discipline
Civil responsibility
Criminal prosecution
Loss of job/career
Daytona State College
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Focus on Constitutional Law
Questions
Daytona State College
School of Emergency Services
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Focus on Constitutional Law