NCJ Number
10238
Date Published
1972
Length
36 pages
Annotation
CONSTITUTIONAL BACKGROUND OF CIVIL LIBERTIES PROBLEM IS ILLUSTRATED BY SUPREME COURT DECISIONS ON RELATIONSHIP OF RIGHTS OF CITIZENS AND POLICE POWERS OF STATES.
Abstract
THIS HANDBOOK IS DESIGNED TO HELP LAW ENFORCEMENT OFFICIALS AND STATE AND LOCAL POLICE OFFICERS IN UNDERSTANDING AND INTERPRETING THEIR RIGHTS AND THE RIGHTS OF OTHERS. SINCE THE STATES HAVE RESERVED TO THEMSELVES THE RIGHTS FROM WHICH STATE POLICE POWER EMANATES IT IS EXTREMELY IMPORTANT FOR THE POLICE AGENCIES TO KNOW THEIR RESPONSIBILITIES AND THEIR LEGAL LIMITATIONS. THE AUTHOR OFFERS GUIDELINES WHEREBY THE LOCAL OFFICER CAN CONFORM HIS CONDUCT TO THE LATEST COURT RULINGS. A POLICE OFFICER MUST KNOW WHAT AUTHORITY HE MAY USE AGAINST AN INDIVIDUAL'S FREEDOM OF EXPRESSION, RIGHT OF PRIVACY AND RIGHT AGAINST SELF-INCRIMINATION. LAW ENFORCEMENT PERSONNEL ARE INSTRUCTED ON THE BEST METHOD OF CONDUCTING A PRE-CUSTODIAL INTERROGATION TO ELICIT STATEMENTS FROM A DEFENDANT WHICH WILL BE ADMISSIBLE IN COURT. RECENT RULINGS ON ARRESTS, VEHICLE AND BODY SEARCHES, AND CONSENT SEARCHES ARE PRESENTED TO ACQUAINT POLICE OFFICERS WITH THE MODERATE TREND OF TODAY'S SUPREME COURT. NATIONAL CIVIL RIGHTS LEGISLATION AFFORDS EVERY CITIZEN THE RIGHT TO SUE THE POLICE FOR ABUSIVE ACTS PERFORMED WHILE ON DUTY. THIS NEWLY CREATED RIGHT FORCES THE POLICE TO BE COMPLETELY INFORMED ABOUT THE OFTEN CHANGING LAWS GOVERNING THEIR BEHAVIOR. (SNI ABSTRACT)