The Nature of Police Conduct Regarding 4th and 5th Amendment Issues: An Analysis of Suppression Motions

• In Event: Legal Considerations for Police Accountability

Abstract

Defendants who are charged with felony offenses may bring motions before the court to suppress evidence obtained by the police in violation of their 4th or 5th Amendment protections. These motions capture allegations of police misconduct relating to initial stops, searches, seizures, and interrogations of individuals detained by the police. A review of these motions is instrumental in studying prevalent areas of concern relating to police interactions with detained individuals. Using a sample of 42 suppression motions filed in a U.S. state court, this paper analyzes prevalent areas of concern including police credibility, the use of pretextual stops in criminal investigations, the targeting of known offenders by police officers, and the overall influence of police conduct on prosecutorial case processing decisions.

Author

• Esther Nir, New Jersey City University