The history of law enforcement in the US is linked to the background to policing and the functions of various agencies responsible for the protection of the American people. Federal policing agencies (hereafter referred to as FPA’s) employ thousands of citizens with varied levels of expertise which includes security, information technology, translation, foreign policy, and immigration services. The mandate held by policing agencies is broad, and the levels of priorities are high due to the value associated with human life, assets and other forms of social security.
For decades, the federal law enforcement has trained agents, to support functions that will enhance the criminal justice system, for prevention of future incidences and mitigation of ongoing crises such as local and international terrorism. This essay will review the case Mapp versus Ohio in examination of the violation of the Fifth Amendment and the U.S. versus Leon 1984 among
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In the case Terry versus Ohio in 1968, the agencies engaged in unreasonable seizures without a probable course. That was a clear violation of the Fourth Amendment rights of the middle-aged man. It is important to note that the Fourth Amendment protects individuals and not areas on premises. The policeman accosted the individual to search for weapons without a warrant secured, which often happens in states such as Indiana (Williams 567). A national ranking scheme illustrates the level of effectiveness of policing groups within the United States, concerning the number of employed and sworn in officers and geographical jurisdiction. The Los Angeles Police Department and Huston Police Department are examples of such agencies. The Chicago Police Department is the oldest agency in the nation while the New York Police Department is the largest agency, with a mandate to protect 8 million residents. Every these requirement are in high demand in every country across the world. That is in addition to established property and training environments and sites safely situated from the public. Financial management and budgeting are mandatory for the agencies to fit within the national mandate of security.
Various presidential administrations have focused on minimizing cased of victimization, misconduct and quality assurance (Fyfe et al. 1997). Leadership plays a crucial role in ensuring that vices are prevented within federal agencies. Policing agencies such as the Central Intelligence Agency, Department Energy, and Department of Homeland Security all expect the highest level of openness. The Department of Justice Agency is an example of an agency that plans discretion, vigilance, and an above average level of professionalism from employees.
The United States is always criticized to have overly-emphasized the need for covert operations. Generations of officers have been trained for various strategic functions such as language translation and placement. The government is described to avoid surprise situations within its borders and in countries considered to be significant threats. An example of a case where an individual felt that their Fifth Amendment rights were breached is Mapp versus Wilde of 1961(Stewart 1365). That was an exclusionary rule, which dismissed evidence that was obtained from a trunk in the defendant’s house. An unauthentic search warrant was used to gain access to the household and seized pornography. The ruling was correct, since using illegal documentation on the part of the federal agency was wrong. They argued that the defendant had shown due cause to be the subject of the search.
The British government led to the development of the Fifth Amendment through writs of assistance to carry out searches and seizures. One example of exemptions to the rule is U.S. versus Leon in 1984 on charges of drug possession and distribution (LaFave 895). Under this scenario, the author of this essay disagrees with the ruling. The interest of the government based on good faith was ineffective considering all the consequences of this decision. Technology has contributed to the improvement of services provided by federal policing agencies such as the Marine Corps. Formal operations of these organizations have been demonstrated to adapt faster to technology due to its ability to improve the accuracy of data collected for investigative purposes. In a topical approach, one author views policing through four classifications: civil, socialist, common and philosophical (Reichel, 2002). Surveillance of the general population and profiling are primary dilemmas that presented themselves at the onset of the use of technology. However, over time, technology is now considered a tool for good, rather than scrutiny. Profiling has not undergone the same evolution of thought among Americans today.
For most citizens, there is consensus on the need for the change of policing agencies. Situations that arose between 2013 and the year 2017 have made a clear-cut distinction between uncalled for violence and systemic errors in prosecution. Crime is a dominant hindrance to progress made to enforce change. There are few unanimous agreements and even fewer decisions that can be executed regarding the most appropriate route that can be taken to “police the police.” Community initiatives have supported the reform of officers for years. Unfortunately, some are not as forthcoming or optimistic about the success of such partnerships. Crackdowns on corruption, greed, and inequality are historically unsuccessful.
References
Fyfe, J. J., Greene, J. R., Walsh, W. F., Wilson, O. W., & McLaren, R. C. (1997). Police administration (pp. 467-78). New York: McGraw-Hill.
LaFave, W. R. (1984). The Seductive Call of Expediency: United States v. Leon, Its Rationale, and Ramifications. U. Ill. L. Rev., 895.
Reichel, P. L. (2002). Comparative criminal justice systems: A topical approach. Upper Saddle River, NJ: Prentice Hall.
Stewart, P. (1983). The Road to Mapp v. Ohio and Beyond: The Origins, Development, and Future of the Exclusionary Rule in Search-and-Seizure Cases. Colum. L. Rev., 83, 1365.
Williams, G. H. (1991). The Supreme Court and Broken Promise: The Gradual but Continual Erosion of Terry v. Ohio. Howard LJ, 34, 567.
