Police Misconduct: False Claims and Unlawful Entry
Write in the Toulmin Model of Argumentation(Claim, Evidence, Warrant, References) & Use at least 3 out of the 26 Peer-Reviewed Journals provided as evidence
26 Peer-Reviewed Journals
1. American Journal of Political Science
2. American Journal of Psychiatry
3. American Journal of Sociology
4. American Political Science Review
5. American Sociological Review
6. British Journal of Criminology
7. Crime and Delinquency
8. Criminology
9. Criminology and Public Policy
10. European Journal of Policing Studies
11. Journal of Consulting and Clinical Psychology
12. Journal of Criminal Law and Criminology
13. Journal of Personality and Social Psychology
14. Journal of Politics
15. Journal of Quantitative Criminology
16. Journal of Research in Crime and Delinquency
17. Justice Quarterly
18. Law and Human Behavior
19. Law and Society Review
20. Policing and Society
21. Police Practice and Research
22. Police Quarterly
23. Policing : A Journal of Policy and Practice
24. Policing : An International Journal of strategies and Management
25. Social Problems
26. The Police Journal
For this discussion:
1. Read the article at this link http://www.nj.com/union/index.ssf/2013/09/roselle_park_police_caught_on_camera_lawsuit_says_officers_falsely_claimed_to_have_a_search_warrant.html
2. How could the police have legally entered the home? Hint: name at least two recognized exceptions to the written warrant requirement.
3. If the police are found to be liable, then what do you believe are appropriate sanctions?
Police Misconduct: False Claims and Unlawful Entry
Claim:
The Roselle Park Police officers falsely claimed to have a search warrant and entered the home of Phillip Szabo without legal justification.
Evidence:
According to the lawsuit filed by Szabo, the audio and video recording from his home surveillance system clearly shows that the police officers falsely claimed to have a search warrant.
The lawsuit alleges that the officers gained entry to the apartment unlawfully, without meeting the requirements for a valid search warrant.
Attorneys for Szabo have determined that the police never actually obtained a search warrant for the apartment.
The video recording shows at least two officers speaking at the door, with one officer saying, “Open the door, why come trash the place?” and another officer responding, “No, we got a search warrant on the way.” This exchange suggests that the officers were trying to persuade Szabo to open the door based on a false claim of having a search warrant.
The lawsuit further alleges that the police officers planted drugs in Szabo’s apartment, as the video recording shows drugs being placed on a table next to a glass pipe.
Warrant:
Based on the evidence presented, it is reasonable to conclude that the police officers falsely claimed to have a search warrant and unlawfully entered Phillip Szabo’s apartment.
Legal Exceptions to the Written Warrant Requirement:
Exigent Circumstances: If the police have reason to believe that there is an immediate threat to life or safety, they may enter a home without a warrant.
Consent: If the owner or occupant of a home voluntarily gives consent for the police to enter, they may do so without a warrant.
Appropriate Sanctions:
If the police officers are found to be liable for their actions, appropriate sanctions should be imposed to ensure accountability and prevent future misconduct. These sanctions could include:
Disciplinary Action: The officers involved should face internal disciplinary measures, such as suspension, demotion, or termination, depending on the severity of their misconduct.
Criminal Charges: If evidence supports criminal wrongdoing, the officers should be prosecuted accordingly.
Civil Lawsuits: Szabo and his friends should be awarded monetary damages for the violation of their rights, false arrest, and emotional distress caused by the incident.
Reforms and Training: The police department should implement reforms and provide training to prevent similar incidents in the future. This may include better oversight, stricter adherence to protocols, and improved training on search and seizure laws.
It is essential to hold law enforcement accountable for their actions to maintain public trust and uphold the integrity of the justice system.
References:
American Journal of Political Science https://www.cambridge.org/journals/american-journal-of-political-science
American Journal of Psychiatry https://ajp.psychiatryonline.org/
American Journal of Sociology https://www.journals.uchicago.edu/toc/ajs/current