POLICE/Protocols, Procedures
POLICING SECTION Blue Lives Matter Police Positivity Heros/Friends Police Prayer/Reflections Female Policing Persons Police Internal Issues o Peer Pressure o Steroids o Marijuana o Excess Alcohol Protocols (ie Miranda Rights) Seizures, Confiscation Science/Tech-Investigations o Bio o Psychol. o DNA Evidence Tech-Weapons Links List -Entire Police Section ---------------------------------------------------------------------------------------------------------------------------------- START HERE exculpatory DEFINITION adjective form of exculpate ex·cul·pate [ˈekskəlˌpāt] VERB formal show or declare that (someone) is not guilty of wrongdoing: "the article exculpated the mayor" synonyms: release · liberate · free · set free · let go · let out · allow to leave · [more] inculpatory DEFINITION adjective form of inculpate in·cul·pate [inˈkəlpāt, ˈinkəlˌpāt] VERB accuse or blame: "he blamed himself, but also inculpated his fiancée" synonyms: incriminate · implicate · involve · blame · accuse · denounce · inform against · blacken the name of · entrap incriminate: "someone placed the pistol in your room in order to inculpate you" synonyms: incriminate · implicate · involve · blame · accuse · denounce · inform against · blacken the name of · entrap custodial interrogation we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.”… US Courts https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-miranda-v- arizona#:~:text=Miranda%20was%20found%20guilty%20of%20kidnapping%20and%20rape,not%20violated%20in%20 obtaining%20the%20confession.%20Vignera%20v. Excerpts: Issues Whether “statements obtained from an individual who is subjected to custodial police interrogation” are admissible against him in a criminal trial and whether “procedures which assure that the individual is accorded his privilege under the Fifth Amendment to the Constitution not to be compelled to incriminate himself” are necessary. Supreme Court holding The Court held that “there can be no doubt that the Fifth Amendment privilege is available outside of criminal court proceedings and serves to protect persons in all settings in which their freedom of action is curtailed in any significant way from being compelled to incriminate themselves.” As such, “the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination. By custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.”… https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-miranda-v- arizona#:~:text=Miranda%20was%20found%20guilty%20of%20kidnapping%20and%20rape,not%20violated%20in%20 obtaining%20the%20confession.%20Vignera%20v. MIRANDA RIGHTS: What it is, How it works What it is, amendments involved, when police violate it 1966 US Supreme Court Case - Miranda v. Arizona What is the Miranda rights case? The term "Miranda Rights" comes from a historic 1966 U.S. Supreme Court case called Miranda v. Arizona. The court held that if the police want to question (interrogate) a person in police custody, they must tell them of the Fifth Amendment protection against self-incriminating statements and their right to an attorney. Fifth Amendment Miranda Rights - FindLaw www.findlaw.com/criminal/criminal-rights/miranda-rights … 5th Amendment Connection …they must tell them of the Fifth Amendment protection against self-incriminating statements and their right to an attorney www.findlaw.com/criminal/criminal-rights/miranda-rights … What amendment was involved in the Miranda v Arizona case? The foundation of the Miranda v. Arizona case is found in the Constitution. The 5th Amendment to the United States Constitution requires suspects of crimes to be informed of their rights during an arrest, including the right to remain silent. Miranda V Arizona - Kids | Laws.com kids.laws.com/miranda-v-arizona When do police violate the Miranda rule? But if the police fail to read a suspect his or her rights, the prosecutor can't use anything the suspect says as evidence against the suspect at trial. Most of the time, when the police fail to follow the Miranda rule, the defendant's statements cannot be used against him or her at trial -- but there are several exceptions. When Police Violate the Miranda Rule - Nolo.com www.nolo.com/legal-encyclopedia/when-police-violate-th… What are the requirements for Miranda rights? Miranda laws require that the person be read their rights, which are: the right to be silent, the right to request an attorney, and the right to have an attorney provided by the state in the event that they can’t afford one. Reference: www.legalmatch.com/law-library/article/miranda-warning-laws.html LINKS LIST www.findlaw.com/criminal/criminal-rights/miranda-rights … kids.laws.com/miranda-v-arizona legaldictionary.net/miranda-rights/ www.legalmatch.com/law-library/article/miranda-warning-laws.html https://new-mexico.lawi.us/miranda-warning/#:~:… https://new-mexico.lawi.us/miranda-warning/#:~:… www.nolo.com/legal-encyclopedia/when-police-violate-th… https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-miranda-v- arizona#:~:text=Miranda%20was%20found%20guilty%20of%20kidnapping%20and%20rape,not%20violated%20in%20obtaining%20 the%20confession.%20Vignera%20v. ARTICLES NM Mexico Encyclop. of Law-Miranda Rights https://new-mexico.lawi.us/miranda-warning/#:~:… Miranda Rights dot org https://new-mexico.lawi.us/miranda-warning/#:~:… Corp Watch [Note: although this article goes on to discuss a labor dispute involving age discrimination, it starts out discussing another issue involving Miranda Rights] 2003/04/22 constitutional ban on forced confessions https://corpwatch.org/article/us-supreme-court-rule-general-dynamics-age-discrimination-case US: Supreme Court to Rule on General Dynamics Age Discrimination Case Published by Washington Post | By Charles Lane | Tuesday, April 22, 2003 The Supreme Court announced yesterday that it will review a Colorado case that could help further define the constitutional ban on forced confessions. At issue is whether physical evidence that authorities discovered because of what a suspect told them before being fully informed of his rights should have been admissible in court. Under the court's famous 1966 Miranda ruling, a suspect's statement in police custody cannot be used against him unless police first tell him that he has a right to remain silent and to have a lawyer present during questioning. But in this case, U.S. v. Patane, No. 02-1183, the issue is whether courts must also exclude physical evidence police find based on information a suspect gave without first being "Mirandized." https://corpwatch.org/article/us-supreme-court-rule-general-dynamics-age-discrimination-case [Accessed 2021/02/15; Published by Washington Post | By Charles Lane | Tuesday, April 22, 2003] What are some examples of Miranda rights? Example of Miranda Rights in Use. Police arrest Mark for burglary. After he is taken into custody, the officers start interrogating him about the crime, without reading him his Miranda rights. Mark describes certain elements of the crime, which basically amounts to a confession. Miranda Rights - Definition, Examples, Cases, Processes legaldictionary.net/miranda-rights/ QUALIFIED IMMUNITY New Mexico Reason dot com 2021/02/19 New Mexico Could Be the Third State To Authorize Lawsuits Against Abusive Cops Without Qualified Immunity: A bill approved by the state House would let people sue government officials for violating rights protected by the state constitution. By Jacob Sullum https://reason.com/2021/02/19/new-mexico-could-be-the-third-state-to-authorize-lawsuits-against-abusive-cops- without-qualified-immunity/ US TITLE 1983 https://www.law.cornell.edu/uscode/text/42/1983 POLICE REPORTS Focus on how, but indicates the need for good police reports and their usage by others later FBI dot gov LEB 2017/05/10 Perspective Writing Clear, Effective Police Reports: No English Degree Required By Jean Reynolds, Ph.D. https://leb.fbi.gov/articles/perspective/perspective-writing-clear-effective-police-reports-no-english-degree-required Excerpt: Report writing continues to be a vital task for law enforcement. Police officers often have heard that the most powerful instrument they carry is a pen.1 Unfortunately, writing reports sometimes intimidates recruits, instructors, administrators, and even seasoned officers. Law enforcement reports become scrutinized more than most documents.2 Fear of mistakes often triggers memories of school days spent diagramming sentences, memorizing parts of speech, and laboring over complex writing assignments. As a result, recruits often dread report writing more than any other subject in their training. Experienced officers higher up in the career ladder say that they could do a better job teaching report writing or reviewing statements if they possessed a stronger background in English. Individuals who share those feelings may be surprised to hear that they know more about English than they think. They can find solutions for the writing problems they encounter. With extensive experience in all types of police writing, the author has learned that almost anyone who meets law enforcement entrance requirements can learn to write effective reports without a lengthy detour into academic English Updates: 2022/05/29; 2021/10/06 editing; 2021/09/29 additions and editing