Abadinsky - CHPT 10 BB
Abadinsky - CHPT 10 BB
Abadinsky - CHPT 10 BB
enforcement
Chapter 10
Constitutional restraints
0 Law enforcement agencies in the
United States operate under significant
constitutional constraints, generally
referred to as due process—
1 literally meaning the process that
is due a person before something
disadvantageous can be done to him
or her.
2There is an inherent tension between
society’s desire for security and safety
and the value we place on liberty.
3A conflict between two conceptual
models of criminal justice: crime
control and due process.
THE FOURTH
AMENDMENT AND THE
EXCLUSIONARY RULE
4 The Fourth Amendment guarantees
that
5 “the right of the people to be secure in
their persons, houses, papers and effects,
against unreasonable searches and seizures
shall not be violated, and no Warrants shall
issue, but upon probable cause, supported by
Oath or affirmation, and particularly
describing the place to be searched, and the
persons or things to be seized.”
6 The exclusionary rule is the court’s
way of enforcing the Fourth
Amendment; it provides that evidence
that is obtained in violation of the
Fourth Amendment cannot be entered
as evidence in a criminal trial.
Constitutional Restraints Cont.
Fifth Amendment
7Benefits the criminal population by
guaranteeing the right to remain silent.
Sixth Amendment
8 The right to counsel.
9The right to be tried speedily by an
impartial jury.
10 The right to confront witnesses.
JURISDICTIONAL
LIMITATIONS
11The U.S. Constitution provides for a
form of government in which powers
are diffused horizontally and vertically.
12This is accomplished by three
branches— legislative, judicial, and
executive—and four levels of
government within each branch:
federal, state, county, and municipal.
13Although each level of government
has responsibilities for responding to
drug abuse and drug trafficking, there
is little or no coordination among
them--inefficiency.
Jurisdictional Limitations
14Each level of government responds to the
problem of drugs independently of the others.
15 Federal Level
16 Range from Military to FBI and are responsible
for combating drug trafficking.
17 Federal Judicial system is responsible for trying
drug cases.
18 Legislative branch is responsible for enacting
drug legislation and allocating funds for federal drug
law enforcement efforts.
INTERNATIONAL EFFORTS
In 1988, the International Convention
28
CORRUPTION
32The easy availability of large sums of
money and the clandestine nature of
the business make drug law
enforcement vulnerable to corruption.
33Two basic strategies are available to
law enforcement agencies—reactive
and proactive—and many use a
combination of both:
34 Reactive law enforcement-
responding to criminal actions after they
have occurred
35 Encourage citizens to report crime
and agency will respond
36 Proactive law enforcement- officers
“seek out” criminal behavior, most likely
strategy to invite corruption
CORRUPTION
Corruption is often intertwined
37
CONSPIRACY
53An agreement between two or more
individuals to commit a criminal act;
54 the agreement becomes the corpus
(body) of the crime.
Requires proof (beyond a reasonable
55
doubt) that
56 two or more individuals planned to
violate drug laws and that at least
one overt act in furtherance of the
conspiracy was made by a
conspirator.
THINKING POINT
57Patricia Young, now 48, was arrested
in 1992, when one of her eight children
was charged with growing marijuana on
a neighbor's property in Mississippi.
Although Young's record was clean,
58
TAX VIOLATIONS
61In 1927 the Supreme Court decided
the case of United States v. Sullivan
(274 U.S. 259), which denied the claim
of self-incrimination as an excuse for
failure to file income tax on illegally
gained earnings.
This decision enabled the federal
62
SEIZURE AND
FORFEITURE
67Federal and state statutes provide for
the forfeiture of property that is used in
criminal activity or secured with the
fruits of criminal activity.
68The federal statute now permits
forfeiture of all profits from drug
trafficking and all assets purchased
with such proceeds or traded in
exchange for controlled substances.
69A seizure can be made incident to an
arrest or customs inspection or upon
receipt of a seizure order.
SEIZURE AND
FORFEITURE
70To obtain a seizure order (actually a
warrant), the government must provide
sworn testimony in an affidavit spelling
out the property to be seized and why
there is reason to believe that it is
being used to commit crimes or was
acquired with money from criminal
activity.
All types of real property used in any
71
SEIZURE AND
FORFEITURE
72The owner of the property has a right
to contest the seizure only after it has
occurred.
There are two types of forfeitures:
73
76 5 Levels:
77 Source Control – actions aimed at limiting
cultivation and production of poppies and opium,
coca and cocaine, and marijuana. Role of the
State Department and the Drug Enforcement
Administration.
78 Interdiction – the interception of drugs being
smuggled into the US. Role of the coast guard and
customs and border protection.
79 Domestic Distribution – the disruption of high-
level trafficking. Role of the Drug Enforcement
Administration and the Federal Bureau of
Investigation.
80 Wholesaling – the focus on midlevel dealing.
Role of the state and local law enforcement.
81 Street Sales – low-level dealing, often by
addicts supporting their own drug habits. Role of
law enforcement.
LAW ENFORCEMENT
AGENCIES
82 Federal
83 Drug Enforcement Administration
84 Federal Bureau of Investigation
85 Customs Service and Border Protection
86 Immigration and Customs Enforcement
87 Coast Guard
88 Internal Revenue Service-Department of
the Treasury
89 U.S. Marshals Service
90 Bureau of Alcohol, Tobacco, Firearms and
Explosives
91 Bureau of Land Management & National
Park Service – Department of the Interior
92 U.S. Forest Service – Department of
Agriculture
93 Postal Inspection Service
94 Department of Defense
INTERPOL
95The International Police Organization, known
by its telegraphic designation INTERPOL,
assists law enforcement agencies with
investigative activities that transcend
international boundaries.
As of 2009, there were 187 INTERPOL
96
members; a country becomes a member
merely by announcing its intention to join.
97The United States National Central Bureau
(USNCB) is the entity through which the United
States functions as an INTERPOL member and
serves as a point of contact for U.S. federal,
state, local, and tribal law enforcement for the
international exchange of information.
98The USNCB receives about 12,000 requests
for assistance from federal, state, and local law
enforcement agencies each year.
STREET-LEVEL LAW
ENFORCEMENT
99Efficient street-level enforcement is a
strategy worth pursuing, even if there is
displacement—sellers moving to new
locations and becoming more cautious.
100 Street level enforcement can be
divided into three generic categories:
101 Community-wide policing: forging
partnerships and targeting large areas
102 Geographically focused policing:
problem solving strategies to deal with
underlying crime issues
103 Hot spots policing: uses
crackdowns, stings, and reverse stings