Police
The police are a constituted body of persons empowered by a state, with the aim to enforce the law, protect public order, and the public itself.[1] This commonly includes ensuring the safety, health, and possessions of citizens, and to prevent crime and civil disorder.[2][3] Their lawful powers encompass arrest and the use of force legitimized by the state via the monopoly on violence. The term is most commonly associated with the police forces of a sovereign state that are authorized to exercise the police power of that state within a defined legal or territorial area of responsibility. Police forces are often defined as being separate from the military and other organizations involved in the defense of the state against foreign aggressors; however, gendarmerie are military units charged with civil policing.[4] Police forces are usually public sector services, funded through taxes.
This article is about the law enforcement body. For other uses, see Police (disambiguation).
Law enforcement is only part of policing activity.[5] Policing has included an array of activities in different situations, but the predominant ones are concerned with the preservation of order.[6] In some societies, in the late 18th and early 19th centuries, these developed within the context of maintaining the class system and the protection of private property.[7] Police forces have become ubiquitous and a necessity in complex modern societies. However, their role can sometimes be controversial, as they may be involved to varying degrees in corruption, brutality, and the enforcement of authoritarian rule.
A police force may also be referred to as a police department, police service, constabulary, gendarmerie, crime prevention, protective services, law enforcement agency, civil guard, or civic guard. Members may be referred to as police officers, troopers, sheriffs, constables, rangers, peace officers or civic/civil guards. Ireland differs from other English-speaking countries by using the Irish language terms Garda (singular) and Gardaí (plural), for both the national police force and its members. The word police is the most universal and similar terms can be seen in many non-English speaking countries.[8]
Numerous slang terms exist for the police. Many slang terms for police officers are decades or centuries old with lost etymologies. One of the oldest, cop, has largely lost its slang connotations and become a common colloquial term used both by the public and police officers to refer to their profession.[9]
Etymology
First attested in English in the early 15th century, originally in a range of senses encompassing '(public) policy; state; public order', the word police comes from Middle French police ('public order, administration, government'),[10] in turn from Latin politia,[11] which is the romanization of the Ancient Greek πολιτεία (politeia) 'citizenship, administration, civil polity'.[12] This is derived from πόλις (polis) 'city'.[13]
In many nations, criminal procedure law has been developed to regulate officers' discretion, so that they do not arbitrarily or unjustly exercise their powers of arrest, search and seizure, and use of force. In the United States, Miranda v. Arizona led to the widespread use of Miranda warnings or constitutional warnings.
In Miranda the court created safeguards against self-incriminating statements made after an arrest. The court held that "The prosecution may not use statements, whether exculpatory or inculpatory, stemming from questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way, unless it demonstrates the use of procedural safeguards effective to secure the Fifth Amendment's privilege against self-incrimination"[170]
Police in the United States are also prohibited from holding criminal suspects for more than a reasonable amount of time (usually 24–48 hours) before arraignment, using torture, abuse or physical threats to extract confessions, using excessive force to effect an arrest, and searching suspects' bodies or their homes without a warrant obtained upon a showing of probable cause. The four exceptions to the constitutional requirement of a search warrant are:
In Terry v. Ohio (1968) the court divided seizure into two parts, the investigatory stop and arrest. The court further held that during an investigatory stop a police officer's search " [is] confined to what [is] minimally necessary to determine whether [a suspect] is armed, and the intrusion, which [is] made for the sole purpose of protecting himself and others nearby, [is] confined to ascertaining the presence of weapons" (U.S. Supreme Court). Before Terry, every police encounter constituted an arrest, giving the police officer the full range of search authority. Search authority during a Terry stop (investigatory stop) is limited to weapons only.[170]
Using deception for confessions is permitted, but not coercion. There are exceptions or exigent circumstances such as an articulated need to disarm a suspect or searching a suspect who has already been arrested (Search Incident to an Arrest). The Posse Comitatus Act severely restricts the use of the military for police activity, giving added importance to police SWAT units.
British police officers are governed by similar rules, such as those introduced to England and Wales under the Police and Criminal Evidence Act 1984 (PACE), but generally have greater powers. They may, for example, legally search any suspect who has been arrested, or their vehicles, home or business premises, without a warrant, and may seize anything they find in a search as evidence.
All police officers in the United Kingdom, whatever their actual rank, are 'constables' in terms of their legal position. This means that a newly appointed constable has the same arrest powers as a Chief Constable or Commissioner. However, certain higher ranks have additional powers to authorize certain aspects of police operations, such as a power to authorize a search of a suspect's house (section 18 PACE in England and Wales) by an officer of the rank of Inspector, or the power to authorize a suspect's detention beyond 24 hours by a Superintendent.