In America, police officers are revered and highly distinguished because of the power they wield and the dangers they must face. Since the profession carries such danger and risk, they must be allowed to perform their jobs to the best of their ability. But how far does their power reach over individuals and society? This issue is hotly-debated and there is no definitive right or wrong answer to this question. After all, the matter of life and death is tenuous for both the police officer and the civilian. But how far is too far? Where is the line drawn between police discretion and police misconduct? I will examine this dilemma and illustrate instances where the police clearly overstep their authority.
One of the most controversial distinctions of police authority is their discretion over individual rights. Our nation's concept and respect for individual rights stems from our forefathers and the creation of the Constitution. Being a country with grassroots in freedom and revolution, our outlook towards individual rights and liberty remain strong. Therefore much emphasis is placed on the Constitution as the rule of law and its interpretation of individual rights affects the way police organizations conduct themselves.
In the fourth amendment, one of its major clauses is the need for probable cause when making an arrest. According to the court of appeals, the determination for probable cause exists when "facts and circumstances within the officer's knowledge are sufficient to warrant a prudent person to believe a suspect has committed, is committing, or is about to commit a crime" ( 'Lectric 1). In other words, a conscientious police officer must be more than just suspicious, but not necessarily have clear, physical proof in order to make an arrest. There are a countless number of scenarios where a police officer can consequentially make that determination. One officer may make the determination tha...