Police

:This article is about law enforcement. For the band, see The Police. For the town in Poland, see Police, Poland.

Restrictions upon the power of the police

In order for police officers to do their job well, they are vested by the state with a monopoly in the use of certain powers. These include the powers to arrest, search, seize, and interrogate; and if necessary, to kill. In nations with democratic systems and the rule of law, the law of criminal procedure has been developed to regulate officers' discretion, so that they do not exercise their vast powers arbitrarily or unjustly.

Related Topics:
Rule of law - Criminal procedure

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In American criminal procedure, the most famous case is Miranda v. Arizona which led to the widespread use of Miranda warnings. American police are also prohibited from holding criminal suspects for more than a reasonable amount of time (usually two days) before arraignment, using torture 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. There are exceptions for exigent circumstances such as the need to disarm a suspect who is resisting arrest. The Posse Comitatus Act prevents the use of the U.S. military for police activity, giving added importance to police SWAT units.

Related Topics:
Miranda v. Arizona - Miranda warning - Arraignment - Torture - Confession - Probable cause - Posse Comitatus Act

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British police officers are governed by similar rules, particularly those introduced under the Police and Criminal Evidence Act 1984, 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. Unlike the system in many countries, a British police officer's rank has no bearing on his or her powers - all police powers are derived from the "office of constable" into which every police officer has been sworn and the newest probationary constable (or part-time volunteer special constable) has exactly the same powers as the Commissioner of Police of the Metropolis, Britain's most senior police officer.

Related Topics:
Police and Criminal Evidence Act 1984 - Special constable - Commissioner of Police of the Metropolis

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