Constitutional Law

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Author:
ranciano
ID:
7015
Filename:
Constitutional Law
Updated:
2010-02-26 21:07:48
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Constitutional law
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Bill of Rights LE's
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  1. 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:
    Constitutional Law
  2. Freedom of Speech
    Freedom of Assembly
    Pornography & Obscenity
    First Amendment
  3. 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).
    Fourth Amendment
  4. Grand Jury; Self incrimination; Double Jeopardy; Taking of Private Property without just compensation; Miranda v. Arizona (1966).
    Fifth Amendment
  5. Right to a Speedy Trial; and to Counsel
    Sixth Amendment
  6. Trial by Jury
    Seventh Amendment
  7. Excessive Bail, Fines, Cruel & Unusual Punishment
    Eighth Amendment
  8. 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).
    Fourteenth Amendment (Due Process of Law)
  9. The first Ten Amendments to the Constitution is referred to as the
    Bill of Rights
  10. Bill of Rights that have special applications to Police work are as follows:
    • First
    • Fourth
    • Fifth
    • Sixth
    • Seventh
    • Eigth
    • Fourteenth

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  11. 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.
    Communication
  12. The medium through which a message travels.
    Channel
  13. Working out in a broad outline what needs to be done and methods for doing it.
    Planning
  14. Establishing a formal structure or arrangement based on what is to be done and by whom; this includes both long - and short - term planning.
    Organizing
  15. The personnel function that includes recruitment and training.
    Staffing
  16. Giving orders, delegating, instructing, following up, and being a leader.
    Directing
  17. 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).
    The Exclusionary Rule
  18. Weeks v. United States, 232 US 383 (1914)
    Unreasonable Search & Seizures; The Exclusionary Rule
  19. Principles of Organization
    • Division of Work
    • Unity of Command
    • Span of Control
    • Delegation
    • Personnel Development
    • Specialization
    • Chain of Command
  20. Employee should be directly supervised by only one supervisor.
    Unity of Command
  21. Tasks that are similar should be combined into one function; not fragmented and should be under the direct control of one person.
    Division of Work
  22. Refers to the number of persons that one supervisor can effectively supervise.
    Span of Control
  23. Primary objective of a supervisor is to get the job done through people; a person with authority must be held accountable for this authority.
    Delegation
  24. Supervisory duty to train and develop subordinates.
    Personnel Development
  25. A by product of the division of work by function.
    Specialization
  26. Established Hierarchy
    Chain of Command
  27. Luther Gulick's acronym to remember the Administrative (or managment) duties of a CEO.
    POSDCORB
  28. Making sure that units and personnel withinh units are working together (not at odds) in an effort to accomplish agency objectives.
    Coordinating
  29. Keeping subordinates informed by utilizing oral and written reports, research, and inspections.
    Reporting
  30. The usual fiscal planning that aims at operating the agency in an economical and efficient manner.
    Budgeting
  31. 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.
    Line Organization
  32. Functional OrganizationS
    Organization is divided among special units
  33. Combines Special Units with a Line Organization approach.
    Line & Staff Organization

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