A federal statute passed in the aftermath of the terrorist attack of September 11, 2001, that broadens government authority to conduct searches and wiretaps and that expands the definitions of crimes involving terrorism.
Police discretion and the law
Police officers can and do exercise discretion (judgement/decision making) in how they apply law
Stroshine examined the informal "working rules"
1. The imp. of time, place, and appearance--officers look for things that do not fit
2. "Do unto others"--being fair. Officers would not take action if they engaged in the same behavior themselves. Ex: Seat belts
3. Threshold--stopping only individuals who exceed a particular limit. For ex: Speed limits
4. POP "Pissing of the police" suspect demeanor influences officers response to citizens
Although officers have broad discretion, they are guided by several constitutional amendments and holdings of the supreme court related to these amendments.
The fourth amendment: The constitutional standards for searches and seizures, including arrests, are contained in the 4th amendment, which requires searches and seizures be reasonable and based on probable cause.
Reasonable (fourth amendment)
Sensible, justifiable and logical.
A key determinant in whether an officer's actions are lawful is whether the officer has reasonable suspicion that criminal activity is occurring
Reasonable suspicion (aka arguable suspicion)
Suspicion based on specific facts. The level of suspicion that would justify an officer in making further investigation.
less than probable cause.
Ex: Police must have this to stop and question an individual on the street to see if the person is involved in criminal activity
What is reasonable suspicion and probable cause based on?