Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 4018 AMERICAN POLICE BEAT: MARCH 2017 Constitutional policing 101: the Bill of Rights Here are the many exceptions to the protections afforded in the Fourth Amendment by George M. Frogge T h e F o u r t h A m e n d m e n t protects persons against unrea- sonable searches and seizures. Police deal with search and seizure incidents on a daily basis. Unfortunately, some mis- takes are made and lawsuits result from this type of citi- zen interaction. One way to prevent an unnecessary lawsuit is to get a search warrant. But what if that is not applicable to your situation? There are several search warrant exceptions that may be applied to most investiga- tive incidents. Memorizing the acronym “BACH PIES” may help keep you from having to de- fend your actions in court. B. Border searches The first exception in- volves border searches. They pertain to searches of persons and property at America’s international borders and even interna- tional airports. US v. Ramsey (1977) is a precedent-setting court case involving this first exception. A. Automobile searches The next exception en- compasses automobile searches. These searches are unique because vehicle mo- bility and time constraints make it extremely difficult to obtain a warrant. Under certain circumstances, Car- roll v. US (1925) gives the police authority to search the driver, their occupants, and the vehicle. C. Consent searches Consent searches are an- other exception with a few stipulations. The consenting person must have standing and can retract consent during the search before evidence is found. How many times have you seen a driver give the investigat- ing officer consent to search their vehicle and the officer puts the driver in the back of a police car (for everyone’s safety)with the windows rolled up? How can the officer hear the driver retract their con- sent? Most second year law students could argue that case in court and probably win. H. Hot pursuits A hot pursuit allows the police to enter dwellings or structures that a suspect runs into as long as the pursuit is fresh and there is a constant visual of the suspect. For officer safety reasons, I do not recommend chas- ing suspects into unfamiliar structures without back-up. And even then it’s an indi- vidual judgment call. P. Plain view Plain view is another search warrant exception with specific requirements. The officer must have a legal right to view the evidence and immediately recognize it as contraband. Also, the item in question cannot be moved or manipulated. The notion of plain feel and smell also fall within the realms of the plain view doctrine. I. Incident to arrest Incident to arrest is an ex- ception that is explained dur- ing the first few weeks of any rookie’s academy days and Chimel v. California (1969) is the primary court case. E. Exigent circumstance An exigent circumstance is another concept for any emergency situation where someone is injured or pos- sibly dead. This is why the police may freeze a crime scene and search it without a warrant. Any other evi- dence discovered during the search would fall under the category of plain view. S. Stop-and-Frisk The final search warrant exception is stop-and-frisk – Terry v. Ohio (1968) is the precedent-setting case. George M. Frogge was a law enforcement officer for 20 years He is the assistant professor with the Department of Pub- lic Management & Criminal Justice at the Austin Peay State University. froggeg@apsu.edu. Which feds are you “sending” to Chicago? “If Chicago doesn’t fix the horrible ‘carnage’ going on, 228 shootings in 2017 with 42 killings (up 24% from 2016), I will send in the Feds!” – Trump tweet on Chicago homicides. So what did the police have to say about this rather loosely worded plan of action? “The statement is so broad. I have no idea what he’s talking about,” Chicago P.D. Su- perintendent Eddie Johnson said. Maybe Trump was talking about bringing back former superintendent and FBI man Jody Weiss to run the agency for a second time. Above: Chicago Police Superintendent Eddie Johnson NATIONAL SHERIFFS’ ASSOCIATION GLOBAL CENTER FOR PUBLIC SAFETY WWW.SHERIFFS.ORG/GCPS The Global Center for Public Safety provides professional development, leadership training and resources to increase and strengthen the impact of individuals in middle and senior level management across all law enforcement disciplines. Court Security Jail Operations Homeland Security Leadership Community Policing