Policing and the Constitution

Policing and the Constitution While police officers are responsible for serving the public, responding to crime, and keeping communities safe, agencies are to uphold the constitutional rights of all citizens. The constitution protects all Americans, and also protects and limits law enforcement agencies. The biggest impact the constitution has on police organization is in regards to arrest, innocent until proven guilty, arrest warrants, search and seizures, and working within the basic rights the constitution affords all suspects. Many officers take an oath regarding his or her role and the constitution upon being sworn in. Although not all agency oaths are the same, many describe supporting, obeying, and defending the constitution of the United States as well as the state within which the officer works (USTM, 2013). It is critical that police departments provide training regarding the constitution so that all officers understand how to properly carry out his or her job responsibilities and procedures without violating constitution codes and laws. Officers must understand and pay extra attention to the amendments. These are where many citizen rights are found (USTM, 2013). The first amendment applies to the freedom of speech, religion, and the press. It also allows for peaceful protest. Police officers are often asked to be present during rallies, protests, and other high-emotion situations. It is important for officers to be aware of when citizens are within their rights during these periods. The second amendment, which has been a hot-topic in the United States lately, is perhaps one of the more alarming and difficult for officers to work with. This amendment gives citizen, who are not convicted felons and who have been issued the legal licenses, to carry and bear arms. This can make an arrest situation difficult and dangerous for police officers as he or she may not know upon initial contact with a citizen, who indeed is carrying gun protection (USTM, 2013). The protection against unreasonable search and seizure, which is included in the fourth amendment, is perhaps the most significant when it comes to police procedure. This amendment ensures that police only conduct search and seizures with a warrant or with probable cause. Because field work often requires quick reaction and judgment, police officers should be very informed as to what truly signifies probable cause. Court cases are most often dismissed based on illegal searches (USTM, 2013). The Fifth Amendment is also significant in police work as it protects people from being detained without being formally charged. It also relates to due process and advising an arrestee of their rights. Most agencies screen charges and issue warrants within 72 hours of the arrest. While four and five protect the process of arrest, the sixth amendment pertains to trial, which is important for officers to know. If the proper investigative work and collaboration with district attorneys has not been done, speedy trial may not happen, which could dismiss a court case (USTM, 2013). The rest of the amendments are important for every citizen of America to know, but do not have significant impact on police procedure. Of special note, however, and part of the overall criminal justice system are amendments eight and nine which affect jail time, punishment, bail, and establishes that we all have many more rights, outside of just what is in the constitution, which can become a murky are in a court of law and in the arrest field (USTM, 2013).

Conclusion Balancing community policing, protecting communities and avoidance of violating constitutional rights can be delicate and difficult for law enforcement. All law enforcement officers have a responsibility to understand how to protect citizen right, uphold the law, and follow proper procedure when performing warrant searches, offering Miranda Rights, engaging in legal interrogation, and implement probable cause search and seizure. Following the law, policies and procedures, and committing to the oaths taken will result in the best possible outcome for both agencies and civilians

Utah State Troopers Magazine (2013). Law Enforcement and the United States Constitution. Summer, 2013. Retrieved August 8, 2014 from http://www.utahstatetrooper.com/law-enforcement-and-the-united-states-constitution/