JUS 101 Final Project PDF

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JUS 101 Final Project Lorraine Valdez

a) How does the ability to conduct legal searches differ between the police officer, probation officer, and prison guard in the performance of their duties? Give an example of interagency collaboration when conducting a legal search. The legal searches that are conducted by Police officers, Probation officers, and Prison guards are all different and will vary. For Police officers, they can only do searches when they obtain a search warrant at the specified location and look for the items listed on the warrant. Sometimes the Police can expand their search beyond what is specified on the warrant. For example, if they see something that is obvious to them as evidence that is in plain sight. When a criminal is sentenced to probation this is because they were given an alternative to jail time. The court system feels that those who are on probation are given lesser expectations of privacy. They do not have the same rights as others, so that is why the court will require a probationer to relinquish their right to a search without a warrant that is supported by a probable cause (NOLO, 2014). The reason a criminal is sentenced to probation is because they get reintroduced back into a productive member of society. This will also help rehabilitate them. When in jail, the prisoners do not have any privacy in their cells; according to the Supreme Court (Hudson v. Palmer, 468 U.S. 517, 530 (1984). Prison guards can search their cells during routine searches or without any particular explanation or warrant (Center for Constitutional rights, 2010). An example of interagency collaboration when conducting legal searches is when the police that are investigating a crime, have evidence that the suspect may have received a letter or phone call from a probationer. Both agencies can then either request a warrant to pull phone records, audio or even have the proof of the letter coming from the probationer. In the letter or

phone audio, the evidence comes to light that the probationer asked the suspect to commit this crime for them since they were on probation.

b) A police officer was investigating involving an incarcerated prisoner. The police officer would like to know who the prisoner spoke to on the phone and who visited him. Describe who the police officer would need to collaborate with to obtain that information, explaining why. If a police officer is investigating where an incarcerated prisoner and someone from the outside spoke, the police officer would need to speak with the corrections agency. They would need to be able to request some kind of investigation on the phone calls made from that prisoner. The corrections agency will not need a warrant, they will be able to pull that information if capable, so they can listen to all of the recorded phone calls made by the inmate.

c) Lou, a suspect the officer was investigating in a burglary case, was just convicted for that crime. Prior to his sentence, a pre-sentence report must be conducted. Who is most likely to conduct the investigation: the police officer, probation officer, or the prison guard? Who will he or she collaborate with to complete the report? Support your response by explaining how this process impacts interagency collaboration. When a pre-sentence report must be conducted, the probation officer is who will need to prepare it. The probation officer will collaborate with the court system to complete the report. This is to help the judge decide what the sentence should be. When the judge orders a PSR (Pre-Sentence Report), the probation officer will be the one to do an interview with the offender, the offender’s family and if they are working, their employer. All of this can take two to six weeks to prepare

(Legal Aid Ontario, 2021). When the probation officer has to prepare the PSR, this will cause the case to be adjourned until the report has been created.

In the case Estelle v. Gambe, it was obvious that there was no communication between the jail and the department of health. They didn’t do a thorough follow up with the prisoner to make sure that he was ok. They just assumed that what was given to him to subside the pain was good enough. If the corrections department (jail) had contacted the department of health, they could have done another inspection of the inmate to make sure he was feeling ok. When the inmate did come forward to complain of pain he was ignored and was believed that he was just faking his injury as an excuse to not work. Because of this he was delayed treatment and even at times not given any at all. Once the inmate decided to sue the TX Department of Corrections, the result of the case was able to establish rights for inmates and access to healthcare that would not allow them to suffer. When an offender has been sentenced to prison, it is up to the corrections department to house them and keep them safe and healthy regardless of the crime they were convicted of. After researching, I feel that I would most likely be most compatible within the Law Enforcement agency. I took a strength test recently and one of my top strengths was Communication. I have noticed over the last year that I am really big on Communication and being a team player. I am always wanting to make sure that I keep everyone aware of any new information and always making sure that statuses are updated. I know that being able to work with the other agencies would not be an issue for me. I love to research and look up things and have always wanted to become a private investigator, so I know that I would continue to look for any information needed until a case or information has been solved and received.

a) A police officer is assigned to conduct a burglary investigation. He describes the scene and says they found drops of blood, a hammer, shoe prints, and a handprint. What types of technology are available for him, and how does the technology impact his ability to conduct a thorough investigation? When it comes to drops of blood and the handprint, a police officer would be able to utilize DNA to determine who the drops of blood belong to, either the victim or the burglar. DNA will also be able to determine if the handprint matches any prints in a large database that holds a lot of prints that have been captured through criminals. There may also be DNA on the hammer as well as the shoe print. They will be able to determine if any of that belongs to a victim or the suspect. The shoe print could also lead the investigators to other crimes that may have been committed and the shoe print was part of the evidence.

b) A prison guard is assigned to the visitors’ entrance at the prison. What types of technology are available to him, and how does the technology impact his ability to prevent visitors from smuggling in contraband? When someone comes to visit a criminal in prison, all measures need to be taken to make sure that nothing is brought in that could be considered contraband. Just like in airports and other places that need to be safe for customers at all times, X-Ray machines are being used. There are body scanners that are utilized as well. These types of scanners are able to see if there is anything being hidden in a non-visual place such as internally. The X-Ray machines and the wands can be

used to see if the visitor is hiding anything that could be used as a weapon to hurt others or themselves.

c) A probation officer has been told that due to overcrowding in the state prison, nonviolent offenders will be released and put on probation. What types of technology are available to her, and how does the technology impact her ability to maintain contact with these probationers? When the offender has been released the probation, officer is able to work with the offender’s family members, their community and other law enforcement agencies to create structure in order to monitor the offender. There are two different monitoring devices, Radio Frequency (RF) and Global positioning system (GPS). With RF, the offender is given an ankle bracelet and a home monitoring unit in his or her home. This unit will be able to detect a bracelet within a range of 50 to 150 feet. Once the bracelet is out of range, it will send a notification to the monitoring center. They are being monitored 24/7 throughout the entire year. Depending on the schedule the offender was given, they can come and go from their home at the specified times. This allows the probation officer to always monitor them. The GPS is similar to the RF. They are given an ankle bracelet that allows the PO to track their location at all times. It has the same kind of technology as the RF and can detect the range of the offender from their home. The PO sets up a schedule for the offender to follow with exclusion zones. Along with this type of technology the GPS can also tell how fast a participant’s speed of travel is and when they stop at a location for a length of time. This would allow the PO to question why and what the purpose was for.

Kyllo v. United States, 533 U.S. 27 (2001)

With Kyllo v. United States, with this case the thermal imaging used did constitute an invalid search. Even though the search was not done internally, there still should have been a warrant for the use of thermal imaging. Every person should still have privacy within his or her home and the government shouldn’t be able to conduct unreasonable searches even if the technology does not enter the home. If there was any kind of suspicion, then a warrant should have been obtained prior to the search. Just like when someone is cooking or even doing some remodeling, a smell will come from the place. But that shouldn’t mean that the government has the right to do a thermal search without a warrant. e) Based on the differences in available and emerging technology in each of the branches, which career path uses technology that you have the most interest in learning and utilizing, and why? Law enforcement agencies and private firms use computer forensics and other tracking devices when investigating criminal acts. I would like to learn more on how to be able to utilize this technology. There is so much they can obtain from using DNA, a light that reflects fluids that have been ‘cleaned’ up as well as tracking devices. This technology will be able to uncover crimes and other criminal acts that cannot be seen by scanning a crime scene.

Ethical and Professional Practice a) While on duty, a uniformed police officer went to a crowded neighborhood deli at lunchtime to buy a sandwich. The deli owner, Ari, told the officer that it was on the house and payment was not necessary. What professional and ethical standards should be in place from the police department to assist this officer in his decision making, and why should they be put in place?

The police officer should agree to the code of ethics put in place by the department that states that they are to do their job without any personal feelings or friendships getting in the way to influence their decisions. These codes of ethics should be put into place to protect both the officer and the establishment. If an establishment is giving out free items/food/drinks, they would expect some kind of favor in return. By wearing their badge, it is a symbol of public faith, and ethics of the police service. Not to get free things just because they are in law enforcement. They are dedicating themself to their chosen profession.

b) A prison guard was assigned to patrol Cell Block 4. One of the guard’s high school buddies, Ray, is incarcerated on the same cell block for possession of narcotics. Cigarettes are not allowed on prison property. While the guard was patrolling the cell block, Ray was smoking a cigarette. If Ray is reported by the guard, he will not be eligible for parole. Ray pleads the guard to not report him. What professional and ethical standards should be in place from the prison administration to assist this guard with decision making, and why should they be put in place?

The prison guard should also not allow friendships to influence his decisions. When the prison guard chose the profession they chose, they agreed to not allow any personal feelings affect the job with no compromise of prosecution or allowing for criminals to get away with anything. They are to enforce the law courteously and appropriately without fear or favor, malice, or ill will. These ethical standards should be put into place because officers and prison guards must safeguard the public's trust to perform their jobs effectively.

c) What basic principle of constitutional law must a police officer, but not always a probation officer, follow when conducting an ethical and legal search of a probationer’s house? Explain why this law is applicable to this situation.

A police officer needs to obtain a search warrant before conducting an ethical and legal search. Probation officers have the right of search and seizure of the probationer and his or her residence without obtaining a search warrant, getting consent, or having probable cause. Probation officers do not have to advise probationers of their rights against self-incrimination, and probationers have only limited protection against self-incrimination. Probation officers also can enter and search the probationer’s vehicle at any time without permission. It is applicable in this situation because the probationer was released from prison or was sentenced to probation as long as they followed certain rules. So, their right is revoked. Probation is another form of jail sentence and they give up their right to privacy. If the evidence suggests that it is more likely than not the probationer violated his or her conditions of probation, he or she can be returned to prison

d) Select one court case where ethics or professional practice was a driving factor and discuss the impact of that case in reshaping the role of the practitioner in the court system. Choose one of the three cases below to complete critical element D. You will use this same case study when submitting your final project:

In the case Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009), Melendez-Diaz claims that his 6th amendment right was violated. Melendez-Diaz was arrested on suspicion of drug

possession, and while in the back seat of the patrol car, he and the other suspect were whispering in Spanish and moving around. This brought suspicion to the police officer and upon search of the police vehicle, they found bags that contained a white powdery substance. The Massachusetts Department of Public Health’s State Laboratory Institute tested the bags and found that they contained cocaine. A jury found Melendez-Diaz guilty of distributing and trafficking in cocaine. He appealed that the drug test analyst was not considered to be testimonial. Given the fact that the arrest was due to suspicious activity and the other suspect being arrested for having drugs, the courts did not feel that this was considered testimonial. Massachusetts argued that the drug analysis reports were not testimonial within the meaning of the Confrontation Clause. If the Supreme Court finds that lab reports are “testimonial,” analysts will be required to give in-court testimony about the weight and composition of drugs used as evidence in criminal trials. This has the potential to create substantial costs for courts and testing facilities already struggling with limited resources but might also increase the reliability of scientific evidence presented in criminal trials. The NDAA argues that live testimony by analysts would provide little benefit because the issue in most trials is not whether the confiscated substance is in fact drugs but whether the defendant can be linked to the drugs ("Melendez-Diaz v. Massachusetts (07-591)", 2021)

e) Based on the ethical and professional practices of each of the branches, which career path is most in line with your ethical beliefs and professional disposition, and why?

Law enforcement is most in line with mythical beliefs and professional disposition. The basic principles of ethics allow me to lead a fulfilling life in my professional career. It is a structure of

principles that helps do right from wrong. This allows me to make decisions that have a positive impact and steers me away from having inequitable results.

Based on your investigation of the three branches of criminal justice, describe how your findings solidified or changed your career aspirations. If you have opted to choose a different career path entirely than criminal justice, explain why. Based on the investigations of the three branches I would still choose the career path of a police officer. Being a Police Officer is more than just patrolling an area and giving out tickets or harassing citizens like a lot of people think nowadays. Being a Police Officer is about serving the community and protecting citizens. Protecting citizens isn't just protecting them from bad people but also from things that can hurt them or cause or injury. Making sure the citizens are always safe is my top priority. When something bad happens and an investigation needs to happen, I would want to go above and beyond to find out who or what caused the incident. I have always had an interest in investigating and finding out how things came about. But most importantly, to make our streets safe and serve the community.

References Melendez-Diaz v. Massachusetts (07-591). (2021). Retrieved 4 April 2021, from https://www.law.cornell.edu/supct/cert/07-591

Reinhart, C. (2021). ELECTRONIC MONITORING OF OFFENDERS. Retrieved 28 March 2021,from https://www.cga.ct.gov/2014/rpt/2014-R-0065.htm#:~:text=Parole %20and%20probation%20officers%20can,positioning%20system%20(GPS) %20monitoring.

"Kyllo v. United States." Oyez, www.oyez.org/cases/2000/99-8508. Accessed 28 Mar. 2021.

Police search and seizure limitations. (2019, April 03). Retrieved March 13, 2021, from https://www.findlaw.com/criminal/criminal-rights/searches-and-seizures-the-limitations-ofthe-police.html Probation search conditions. (2014, January 10). Retrieved March 13, 2021, from https://www.nolo.com/legal-encyclopedia/probation-search-conditions.html Your right to be free from unreasonable searches and seizures. (2010). Retrieved March 15, 2021, from http://jailhouselaw.org/your-right-to-be-free-from-unreasonable-searches-andseizures/ What is A pre-sentence REPORT (PSR)? (n.d.). Retrieved March 14, 2021, from http://lawfacts.ca/node/84...