110 CJ Notes 10/17 I. Geographic Profiling a. Behavioral patterns and familiarity b. Offenders and geographic specific i. Social disorganization and routine activities the two main themes of geographic profiling 1. need motivated offender, vulnerable victim, targeted location ii. Awareness space (mental map of where we live) iii. Activity space (home, work, leisure time) 1. Offenders prey on victims between their activity spaces iv. Crime happens between anchor points along activity space (not close to home) v. Types of individual offenders 1. hunters sets out specifically to search for a victim, starting from a home base 2. Poacher sets out specifically to search for a victim, but starts from another activity site 3. Troller while involved in other activities, opportunistically encounters a victim 4. Trapper creates a situation to encounter victims within a location under his control a. What type of individual was the offender from the Stagland article? vi. Geographic Profiling? 1. *Commuter (travel to a different area to commit crime) vs. Marauder (home base as roughly center to attack) 2. More data points you have, more accurate your ability to find the person 3. Not likely to solve, just another tool II. Policing section a. Legal aspects of policing: procedural Criminal law i. Police Discretion 1. Total (beyond the law and constitution) versus Full (only go as far as the law allows) versus Actual Enforcement (police discretion in action) 2. Why it exists? a. Not enough to comply to volume b. Pressure from outside department c. Pressure from within the department d. Arrest is too drastic 3. Positive Aspects a. We want people to get breaks b. Resources can be spent elsewhere 4. Negative Aspects a. Invisible decisions in unsupervised environments
b. Same offender may get multiple breaks 5. Factors Influencing a. Gender (women less likely then men), age (young offenders more like to get arrested), socioeconomic statue (poor are more likely), race (minority = more arrests), cooperation, type of police department, whether or not you are an asshole someone who does not accept the police officers definition of the situation (questioning the officers authority) (John Van Maanan) b. Limits on Police discretion i. Rule-making by police Administrators 1. Rules/Internal affairs 2. Deadly force positive effects (Tennessee vs. Gardner fleeing felon gets shot in the back and it was discovered that deadly force was discriminatory against blacks cops can now only shoot if they believe a life is in danger (defense of life standard has reduced number of criminals killed by police) ii. Professionalism iii. Rule of Law - Nothing makes an officer more angry than facing an illegal technicality c. Fourth Amendment search and seizure of evidence i. What is a search? any violation of a persons expectation or privacy ii. What is a seizure? exercise of control by a police officer iii. What is an unreasonable search? a search and seizure is fine as long as its reasonable is term determined by the facts of the individual case 1. To be a reasonable search: a. Need warrant or: b. Is an exception of the warrant clause iv. Warrant of Exception 1. Warrant a. Probable cause b. Describes place to be searched and what is to be seized
c. Issued by a neutral magistrate d. Good faith exception (United States vs. Leon: evidence obtained when exercising an invalid search warrant is still admissible if officers are acting in good faith) i. When police are serving a bad warrant that they believe to be a good warrant then if it is in good faith then the evidence can be used 2. Exceptions a. Emergency situations (Warder vs. Hayden) b. Incident to an arrest (Chimel vs. California) allows search of person and anything within the offenders grabbing area i. Pursuit c. Plain View if an officer is legally in a place where they are allowed to be, then the search is good i. Arizona vs. Hicks officer moved stereo equipment to see serial numbers to fins out if stolen or not ii. Protective sweeps when police enter house they can check through house quickly to check for own safety (no opening anything where people couldnt hide) d. Automobile (Carroll vs. US) when someone is in a car there is a risk of losing evidence
i. Officers cannot stop a car for no reason (Brown versus Texas) ii. If an officer stops a car he can ask the driver and everyone in the car to put their hands on the hood officers safety is more important than someones individual privacy iii. Officer has a right to ask you for your license and registration. If probable cause he can search entire care including trunk without a warrant iv. In automobile stops, searches that lead to arrest can result in search of the entire vehicle v. Stop and frisk (Terry vs. Ohio) based on reasonable suspicion officers can stop a person and do a limited pat down search the only thing officers can search for is weapons e. If a search is unreasonable i. Evidence is excluded (exclusionary rule) Weeks versus United States THIS IS THE FEDERAL CASE THAT ESTABLISHED THE EXCLUSIONARY RULE Weeks is suspected of selling lottery tickets through
the mail Supreme Court Decision if some of Weeks property had been illegally seized, then the remainder of the property is also considered to be illegally seized ii. Silverthorne Lumber Co. vs. US (1918) gives us the fruit of the poisonous tree doctrine accused of not paying taxes and federal agents wanted the company books which they seized without a warrant and made copies the supreme court overturned the conviction because they ruled that evidence illegally seized cannot be used in a trial, therefore, neither can evidence which derives from an illegal seizure iii. Mapp v. Ohio (1964) applied exclusionary rule to the states Mapp was suspected of hiding a bombing suspect Mapp refused police admittance police forced their way in showing a blank warrant bombing suspect was not found but they found pornographic material in the basement