Theory and Practice in Courts, Research Paper Example

Maintaining social order and upholding the law is a primary duty of the Police Officer.  As such the police should not be impeded in carrying out their duties. The police also have a duty of care to the general public and this duty of care is often jeopardized by the acts of unruly minorities that are bent on causing trouble and destruction. The police have a difficult balancing act of enforcing the law without abusing the powers at their disposal. Over exertion of authority diminishes the power of the law and erodes the respect of the public in supporting the fulfilment of their duties. (Uildriks, N.  2005)

In the State of Vermont, the courts issued a ruling that declared post-arrest vehicles not open to search without a warrant. Where the police had arrested someone for a specific act, thus violating citizen obligations as defined by law, then only search and seizure related to the crime must be acceptable. The U.S. Supreme Court has not supported the state of Vermont in their declaration, however this may change and it becomes a normal part of the judicial process in the future. In so far as search and seizure and interrogation law is concerned, the automatic search of an arrested person’s vehicle violates the Constitution

In general, terms the Courts and the law do protect individual rights against overzealous police officers. Equally, the police have had to defend themselves against dubious citizen claims.  In this regard, the dash cameras should be used wherever possible to provide video-recorded footage of an arrest and this protects both the police and the citizens’ rights. The rights of individuals need to be respected but the Citizen must also be accountable for his/her actions within the law.  This means respecting the authority of the police officer and the law.  In most cases, the reactions of the police have been a result of extreme provocation or where the Citizen was deliberately obstructing justice. “It is monstrous that courts should aid or abet the law-breaking police officer. It is abiding truth that nothing can destroy a government more quickly than its own failure to observe its own laws or worse, its disregard of thecharter of its own existence.” –  Justice Brennan quoting Mapp v. Ohio, 367 US 643, 659 (1961) (The Jailhouse Lawyers, 2011).

Works Cited

The Jailhouse Lawyers. (2011). The Jailhouse Lawyers. Retrieved 6 15, 2011, from http://www.angelfire.com/az/sthurston/legalquotes.html

Uildriks, N. A. (2005). Police reform and human rights: opportunities and impediments in post . Oxford: Hart Publishing.