Case Law

Impact of Case Law on Policing

There are various cases and their outcomes that have a major impact on policing today. The three that have a very substantial impact on policing today are Miranda vs. Arizona, Carroll vs. the United States, and Brown vs. Mississippi. Each of these cases helped to shape the criminal justice system and policing.

Miranda vs. Arizona is a case that took place in 1966. (Columbia Electronic Encyclopedia, 6th Edition; Miranda v. Arizona) A man by the name of Ernesto Miranda was being charged with rape and kidnapping. He had been questioned without being told he was able to have a lawyer. His statements were used in the trial. His conviction was overturned when Chief Justice Earl Warren stated that any statements from a person in police custody may not be used unless minimum safeguards were in place. This later became known as Miranda Rights. These rights are as follows: you have the rights to remain silent; that anything you say may be used as evidence against you. You may request the presence of an attorney, if you can not afford one, one may be appointed by the court. You also have the right to stop answering questions before or during questioning. This rule helped to give people rights to not self-incriminate themselves.

In 1925 the case of Carroll vs. the United States the decision made by this case was first time that the Supreme Court recognized the car search exception to the warrant requirement. George Carroll and John Kiro entered an apartment were federal agents arranged to buy a case of whiskey from them. It was set up from the two men to deliver the whiskey to them, but the two men never showed up. Days later Carroll and Kiro were spotted driving on the highway. The agents pursued them, but lost them. Months later the two men were spotted again. The agents were able to stop them. Upon searching the car the agents found 68 bottles of whiskey. Both men were arrested for violation of the prohibition law. The defendants...