Answer the questions provided below
1.What is the definition of probable cause?
2.What is the definition of arrest?
3.In Balko, on page 173, the author talks about the OPEN FIELDS DOCTRINE, give me your opinion on the ability of law enforcement to use this in their “War on Drugs” campaign.
4. Based on Balko Chapter 4,5, and 6, what is your opinion on the use of force by police officers? What is your opinion on the use of deadly force by officers?
Give me your opinion on LAPD use of force using the APV on their drug raids on drug houses.
5. Where do you think the militarization increased in policing and why based on your Balko readings to this point?
I DO NOT want you to answer these assignments with one-sentence answers . Your answers should be thorough enough that I can see that you have thought out the answer and that you can understand the topic presented to you. I also want to see dialogue between you and other students regarding the topic, since this provides different perspectives on the topic at hand.
ANSWER
Enforcement
1.What is the definition of probable cause?
Probable cause is reasonable ground to believe that someone has committed a crime, therefore, warrants action like searching or preferring charges. It is a condition in the Fourth Amendment that police must meet before arresting someone, searching, or seizing. When arrested without a warrant, the law demands that arrested persons are brought before competent authorities shortly to promptly determine probable cause judicially.
2.What is the definition of the arrest?
The arrest is to seize someone by the aid and reference of legal authority and take them into custody. An arrested person has deprived their freedom of movement. An arrest can be conducted with the aid of an arrest warrant, probable cause, or exigent circumstances.
3.In Balko, on page 173, the author talks about the OPEN FIELDS DOCTRINE, give me your opinion on the ability of law enforcement to use this in their “War on Drugs” campaign.
The open field doctrine removes fourth amendment protection from searches and seizures in open fields. It states that government intrusion and information collection in open fields do not comprise seizures or searches as prescribed by the Fourth Amendment. The doctrine indicates that people should not expect privacy in open fields even if they are fenced or if “no trespassing” signs are on the field. The United States Supreme Court has reaffirmed various cases that cement the open fields doctrine. The court has given police more leeway to decide whether an open field may be searched or something seized from it. Hester v. the United States first introduced the doctrine into mainstream law. The Fourth Amendment which protects Americans against unreasonable reaches and seizures has been a casualty of the drug war under the open field’s doctrine. Law enforcement has abused this doctrine to target various groups in the war on drugs. Police have used ethnic stereotypes to target those they assume may be engaging in drug-related offenses. Minority groups like African Americans and Latinos are disproportionately impacted by the use of the open field’s doctrine on the war on drugs. It violated the Fourth Amendment and should be reconsidered.
Police officers in the United States have over-relied on the use of force in situations that require de-escalation. Many Americans die at the hand of policemen in a situation that does not require any force at all. People of color more so African Americans are disproportionately affected by excessive use of force by police in the United States. The use of APV should not be accepted in LAPD. People should be aware that whoever is showing up in their compound is police instead of privately sneaking in private properties and risking defense power against officers.
Police militarization has increased in the united states since the 9/11 attacks. Following the 9/11 attacks, American police departments acquired military equipment from the U.S. military and purchased some on their own. This was in a rush to stage a response against terrorism. However, these weapons have increasingly been used against local citizens. The use of force in the police department has increased tremendously with the availability of SWAT teams, assault rifles, tanks, and other military-grade weapons. Places inhabited by minority groups like Ferguson Missouri have seen a rise in police militarization.
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