Police Officers’ Knowledge of Gant

Author(s):  
James A. Purdon ◽  
Henry F. Fradella ◽  
Christopher D. Totten ◽  
Gang Lee

The U.S. Supreme Court’s decision in Arizona v. Gant fundamentally altered the law governing police searches of vehicles incident to the arrest of a vehicle occupant. To date, there has been no empirical examination of Gant’s impact on line officers. The present study does so using data from a survey of police officers that assessed their ability to apply Gant. Although 93 percent of the officers had been taught Gant and 77 percent had received training within the twelve months prior to completing the survey, 67 percent incorrectly applied Belton, rather than Gant. Moreover, nearly half of the sample were missing constitutionally permissible opportunities to search the vehicle under either of Gant’s two prongs. Concerningly, officers who had received recent training on vehicle searches were significantly less likely to identify correct search protocols under Gant’s evidence prong. The implications of these findings are discussed.

2003 ◽  
Vol 5 (1) ◽  
pp. 1-35 ◽  
Author(s):  
Joseph A. Schafer

Research literature on community policing has focused on its impact on police organizations or citizens, especially in jurisdictions where community policing was a specialized police function. Less is known about how police officers experience the process of implementing community policing, particularly when it is a generalized function affecting an entire organization and all of its employees. Using data from a midwestern agency, this study examines the way in which front line officers and supervisors experienced the implementation of a generalized community policing philosophy. Specific attention is given to factors that influenced the attitudes and experiences of those most directly affected by this organizational change. Findings suggest that perceptions and experiences were largely a product of the beliefs and attitudes of the individual officers. Implications for police managers and scholars are discussed.


2013 ◽  
Vol 10 (2) ◽  
pp. 201-227 ◽  
Author(s):  
Norman Matloff

The two main reasons cited by the U.S. tech industry for hiring foreign workers--remedying labour shortages and hiring "the best and the brightest"--are investigated, using data on wages, patents, and R&D work, as well as previous research and industry statements. The analysis shows that the claims of shortage and outstanding talent are not supported by the data, even after excluding the Indian IT service firms. Instead, it is shown that the primary goals of employers in hiring  foreign workers are to reduce labour costs and to obtain "indentured" employees. Current immigration policy is causing an ‘Internal Brain Drain’ in STEM.


Author(s):  
Aaron Kupchik

Since the 1990s, K-12 schools across the U.S. have changed in important ways in an effort to maintain safe schools. They have added police officers, surveillance cameras, zero tolerance policies, and other equipment and personnel, while increasingly relying on suspension and other punishments. Unfortunately, we have implemented these practices based on assumptions that they will be effective at maintaining safety and helping youth, not based on evidence. The Real School Safety Problem addresses this problem in two ways. One, it provides a clear discussion of what we know and what we don’t yet know about the school security and punishment practices and their effects on students and schools. Two, it offers original research that extends what we know in important ways, showing how school security and punishment affects students, their families, their schools and their communities years into the future. Schools are indeed in crisis. But the real school safety problem is not that students are either out of control or in danger. Rather, the real school safety problem is that our efforts to maintain school safety have gone too far and in the wrong directions. As a result, we over-police and punish students in a way that hurts students, their families and their communities in broad and long-lasting ways.


2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Chuks Okpaluba

‘Accountability’ is one of the democratic values entrenched in the Constitution of South Africa, 1996. It is a value recognised throughout the Constitution and imposed upon the law-making organs of state, the Executive, the Judiciary and all public functionaries. This constitutional imperative is given pride of place among the other founding values: equality before the law, the rule of law and the supremacy of the Constitution. This study therefore sets out to investigate how the courts have grappled with the interpretation and application of the principle of accountability, the starting point being the relationship between accountability and judicial review. Therefore, in the exercise of its judicial review power, a court may enquire whether the failure of a public functionary to comply with a constitutional duty of accountability renders the decision made illegal, irrational or unreasonable. One of the many facets of the principle of accountability upon which this article dwells is to ascertain how the courts have deployed that expression in making the state and its agencies liable for the delictual wrongs committed against an individual in vindication of a breach of the individual’s constitutional right in the course of performing a public duty. Here, accountability and breach of public duty; the liability of the state for detaining illegal immigrants contrary to the prescripts of the law; the vicarious liability of the state for the criminal acts of the police and other law-enforcement officers (as in police rape cases and misuse of official firearms by police officers), and the liability of the state for delictual conduct in the context of public procurement are discussed. Having carefully analysed the available case law, this article concludes that no public functionary can brush aside the duty of accountability wherever it is imposed without being in breach of a vital constitutional mandate. Further, it is the constitutional duty of the courts, when called upon, to declare such act or conduct an infringement of the Constitution.


2018 ◽  
Vol 42 (6) ◽  
pp. 253-257 ◽  
Author(s):  
Abirami Kirubarajan ◽  
Stephen Puntis ◽  
Devon Perfect ◽  
Marc Tarbit ◽  
Mary Buckman ◽  
...  

Aims and methodStreet triage services are increasingly common and part of standard responses to mental health crises in the community, but little is understood about them. We conducted a national survey of mental health trusts to gather detailed information regarding street triage services alongside a survey of Thames Valley police officers to ascertain their views and experiences.ResultsTriage services are available in most areas of the country and are growing in scope. There is wide variation in levels of funding and modes of operation, including hours covered. Police officers from our survey overwhelmingly support such services and would like to see them expanded.Clinical implicationsMental health crises now form a core part of policing and there are compelling reasons for the support of specialist services. Recent changes to the law have heightened this need, with a requirement for specialist input before a Section 136 is enacted. Those who have experienced triage services report it as less stigmatising and traumatic than a traditional approach, but there remains little evidence on which to base decisions.Declaration of interestNone.


2020 ◽  
Vol 48 (4) ◽  
pp. 735-740
Author(s):  
Farhad R. Udwadia ◽  
Judy Illes

Supply-side interventions such as prescription drug monitoring programs, “pill mill” laws, and dispensing limits have done little to quell the burgeoning opioid crisis. An increasingly popular demand-side alternative to these measures – now adopted by 38 jurisdictions in the USA and 7 provinces in Canada — is court-mandated involuntary commitment and treatment. In Massachusetts, for example, Part I, Chapter 123, Section 35 of the state's General Laws allows physicians, spouses, relatives, and police officers to petition a court to involuntarily commit and treat a person whose alcohol or drug abuse poses a likelihood of serious harm. This paper explores the ethical underpinnings of this law as a case study for others. First, we highlight the procedural and substantive standards of Section 35 and evaluate the application of the law in practice, including the frequency with which it has been invoked and outcomes. We then use this background to inform an ethical critique of the law. Specifically, we argue that the infringement of autonomy and privacy associated with involuntary intervention under Section 35 is not currently justified on the grounds of a lack of evidenced benefits and a risk of significant of harm. Further ethical concerns also arise from a lack of standard of care provided under the Section 35 pathway. Based on this analysis, we advance four recommendations for change to mitigate these ethical shortcomings.


2019 ◽  
Vol 5 ◽  
pp. 237802311987979 ◽  
Author(s):  
George Wood ◽  
Daria Roithmayr ◽  
Andrew V. Papachristos

Conventional explanations of police misconduct generally adopt a microlevel focus on deviant officers or a macrolevel focus on the top-down organization of police departments. Between these levels are social networks of misconduct. This study recreates these networks using data on 16,503 complaints and 15,811 police officers over a six-year period in Chicago. We examine individual-level factors associated with receiving a complaint, the basic properties of these misconduct networks, and factors related to officer co-naming in complaints. We find that the incidence of police misconduct is associated with attributes including race, age, and tenure and that almost half of police officers are connected in misconduct ties in broader networks of misconduct. We also find that certain dyadic factors, especially seniority and race, strongly predict network ties and the incidence of group misconduct. Our results provide actionable information regarding possible ways to leverage the co-complaint network structure to reduce misconduct.


1998 ◽  
Vol 11 (5-6) ◽  
pp. 331-338 ◽  
Author(s):  
Robert Milne ◽  
Mike Drummond ◽  
Patrick Renoux
Keyword(s):  
On Line ◽  

Author(s):  
TAKAAKI OHNISHI ◽  
TAKAYUKI MIZUNO ◽  
CHIHIRO SHIMIZU ◽  
TSUTOMU WATANABE

How can we detect real estate bubbles? In this paper, we propose making use of information on the cross-sectional dispersion of real estate prices. During bubble periods, prices tend to go up considerably for some properties, but less so for others, so that price inequality across properties increases. In other words, a key characteristic of real estate bubbles is not the rapid price hike itself but a rise in price dispersion. Given this, the purpose of this paper is to examine whether developments in the dispersion in real estate prices can be used to detect bubbles in property markets as they arise, using data from Japan and the U.S. First, we show that the land price distribution in Tokyo had a power-law tail during the bubble period in the late 1980s, while it was very close to a lognormal before and after the bubble period. Second, in the U.S. data we find that the tail of the house price distribution tends to be heavier in those states which experienced a housing bubble. We also provide evidence suggesting that the power-law tail observed during bubble periods arises due to the lack of price arbitrage across regions.


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