Constitutional Law

US Constitution – Spelled out the Law of the Land, it truly did not provide sufficient protection for individuals against power and might of the newly formed Federal Republic.

The lack of protection for individuals led to the first Ten Amendments to the Constitution, referred to as the Bill of Rights; this bill of rights served as protection only against action of the new Federal Government; it was not applicable to against actions of the individual State Governments.

Over the years, by way of the Due Process Clause of the Fourteenth Amendment of the Constitution, the US Supreme Court has decreed that all protections against federal government actions provided for in the Bill of Rights also operate to protect individuals from State governmental action.

The portions of the Bill of Rights that have special applications to Police work are as follows:

Freedom of Speech
Freedom of Assembly
Pornography & Obscenity

Unreasonable Search & Seizures; Weeks v United States, 232 US 383 (1914);

The Exclusionary Rule - bars the use of evidence that had been unconstitutionally seized by Federal, State and Local LE officials;
Search Incident To a Lawful Arrest; Plain View Doctrine; Frisk on Less Than Probable Cause, Terry v Ohio, 392 US 1 (1968).

Grand Jury; Self incrimination; Double Jeopardy; Taking of Private Property without just compensation; Miranda v. Arizona (1966).

Right to a Speedy Trial; and to Counsel

Trial by Jury

Excessive Bail, Fines, Cruel & Unusual Punishment

No State shall make or enforce any law which abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any Person of life, or Property, without Due Process of Law; nor to deny any person, within its jurisdiction the equal protection of the laws (Effective date July 28, 1868).

The first Ten Amendments to the Constitution is referred to as the

Bill of Rights that have special applications to Police work are as follows:

The transfer of information, attitudes, and understanding between individuals or groups; or the transfer of information, meaning, and understanding through the use of common symbols.

The medium through which a message travels.

Working out in a broad outline what needs to be done and methods for doing it.

Establishing a formal structure or arrangement based on what is to be done and by whom; this includes both long - and short - term planning.

The personnel function that includes recruitment and training.

Giving orders, delegating, instructing, following up, and being a leader.

Bars the use of evidence that had been unconstitutionally seized by Federal, State and Local LE officials; Search Incident To a Lawful Arrest; Plain View Doctrine; Frisk on Less Than Probable Cause, Terry v Ohio, 392 US 1 (1968).

Weeks v. United States, 232 US 383 (1914)

Principles of Organization

Employee should be directly supervised by only one supervisor.

Tasks that are similar should be combined into one function; not fragmented and should be under the direct control of one person.

Refers to the number of persons that one supervisor can effectively supervise.

Primary objective of a supervisor is to get the job done through people; a person with authority must be held accountable for this authority.

Supervisory duty to train and develop subordinates.

A by product of the division of work by function.

Established Hierarchy

Luther Gulick's acronym to remember the Administrative (or managment) duties of a CEO.

Making sure that units and personnel withinh units are working together (not at odds) in an effort to accomplish agency objectives.

Keeping subordinates informed by utilizing oral and written reports, research, and inspections.

The usual fiscal planning that aims at operating the agency in an economical and efficient manner.

An arrangement where the channels of authority and responsibility extend in a direct line from the CEO to those involved at the level of execution.

Functional OrganizationS

Combines Special Units with a Line Organization approach.