ARREST POWERS OF THE POLICE

Arrest refers to the apprehending or restraining of one's person in order to be

forthcoming to answer all alledged or suspected crimes.

Elements Of Arrest:
1. a police officer has reason to believe that a crime has been committed (probable
cause) 2. the officers intends to take the suspect into custody 3. the person
arrested experiences loss of freedom and restriction of movement.

Seize:
"Free To Leave" Test - A person has been seized within the meaning of the Fourth
Amendment, only if, in view of all the circumstances sorroundng the incident, a
reasonable person would have believed that he is not free to leave.

BROKEN-WINDOW POLICING
Broken-window policing is a style of policing generally associated with the broken-
window theory - namely, the idea advanced by James Q. Wilson and George L. Kelling
that tolerating minor physical and social disorder in a neighborhood (such as
graffiti, litter, agressive panhandling, or turnstile jumping) encourage serious
violent crime. Although the broken-window theory itself did not compel a
particular policing strategy, most policy makers interpreted the broken-window
theory as implying a form of aggressive disorder policing that has come to be known
under several names, including not only broken window policing but also "order-
maintenance policing," "quality-of-life policing," and "zero tolerance policing."
George Kelling, for instance the coauthor of the original Broken Windows essay,
suggests that the most effective way to address disorder and reduce crime is to
increase the number of misdemeanor arrests. There has been a lot of social
scientific research conducted to test the efficacy of broken-window policing -
including important work by Jeffrey Fagan, Bernard Harcourt, Jens Ludwig, Stephen
Raudenbush.

The Emergence Of Broken-Window Policing

The broken-window theory was first articulated by James Q. Wilson and George L.
Kelling in a short, nine-page article titled Broken Windows that appeared in the
Atlantic Monthly in 1982. The theory is premised on the idea that "disorder and
crime are usually inextricably linked, in a kind of developmental sequence".
According to Wilson and Kelling, minor disorder (such as littering, loitering,
publi drinking, panhandling, and prostitution), if tolerated in a neighborhood,
produce an environment that is likely to attract crime. It signals to potential
criminal that deliquent behavior will not be reported or controlled-that no one is
in charge. One broken window, left unrepaired invites other broken windows. These
progressively break down community standards and leave the community standards and
leave the community vulnerable to crime.

From a policy perspective, the broken windows theory was, in principle, consistent
with a variety of potential policy levers, ranging from neighborhood beautification
programs to community organizing. Nevertheless, the theory was soon deployed by
influential policy makers in support or aggressive misdemeanor policing and became
associated with the type of policing that focuses on minor disorder offenses.

"OPERATION BROKEN WINDOW"

Another strategy used to prevent crime from moving into a community or to drive out
crime that has already crept in is based on the broken-window theory - that if a
window is broken in a car or building and is left unrepaired, it will signal that
no one cares and that more damage can be caused without fear of punishment. It is
an open inventation to crime.
PSYCHOLOGICAL FITNESS FOR DUTY
Increasingly, law enforcement agencies are faced with litigation based on officer
performance, including abuse of authority and failure to performance, including
abuse of authority and failure to perform (often referred to as dereliction for
duty). The demands of law enforcement require police departments to ensure that
their officers are emotionally and mentally stable or psychologically capable of
performing their duties in a safe and effective manner. When an officer
demonstrates that he or she may not be capable of doing so, a number of actions may
be initiated by the agency including medical, supervisory, training, or
disciplinary intervention, as well as the provision of psychological services.
Psychoogical services in policing have greatly increased in recend decades and now
include pre-employment testing, conseling, research, and fitness for duty.

Such assessments, often called fitness for duty evaluation (FFDEs), are often made
after critical incidents (for example, officer-involved shooting, hostage
situations, witnessing crimes against children, brutal homicide, or death of fellow
officer) or whn an officer demostrates that his or her emotional state may
negatively affect the effective or safe performance of the job. Indicators of such
a state may include signs of alcohol or drug dependence, excessive absence,
numerous compliants from community members, emotional or physical outburst, abuse
of authority, or identitification through an early warning system.