Jimmy Ortega
Academic Strategies
Abstract
The responsibility of police officers is to protect and serve the community lawfully. There have been many instances in which the power of an officer has been exercised ethically or unethically. Unfortunately, police misconduct still takes place in today’s police agencies nationwide. Activities such as, illegally searching ones property or a protocol miscue are classified as police misconduct no matter the magnitude of the offense. The right to search and seizure has been protected by the Bill Of Rights since foundation of our country due to our founding fathers. However, the fourth amendment is at risk to be changed due to such cases like Jardines v. Florida and other cases that have tested the boundaries of this amendment. This article will cross examine this case and others such as, Illinois v. Caballes and Kyllo v. United States, to examine if police misconduct could have played a part in these cases.
Police misconduct is an act that is not classified as just by one action of delinquency but several actions such as police brutality, racial profiling and use of deadly force are just to name a few wrongdoings that take part in everyday police duties. However, it doesn’t necessary mean that the officer has to abuse its authority in anyway but a missed protocol falls under police misconduct classification. Officers who forget to follow procedure can lead to criminals getting away with the crimes he or she has committed during or before trial. Prosecutorial misconduct remains a largely undeveloped research issue in large part because of the challenge of defining what constitutes misconduct, but also some misconduct never comes to light (Dr. West, August 2012). For example, James Broderick was concealing information in the case of People of the State of Colorado v. Tim Masters that mislead the prosecution. If it wasn’t for this undisclosed information during the first