1. 01/12/161
POLICE POWERS
FLAVIO MOTA,
Attorney

2. 01/12/16
2
OBJECTIVES
 1st
AMENDMENT
 4th
AMENDMENT (local police,
(14th
Amendment applies)
 SEIZURES, ARRESTS, and SEARCHES
 PROBABLE CAUSE
 CONCLUSION

3. 01/12/16
3
1st
AMENDMENT
 FREEDOM OF SPEECH
 CERTAIN RIGHTS OF PRIVACY
 FREEDOM of SPEECH at WORK

4. 01/12/16
4
4th
AMENDMENT
 SEIZURES
 ARRESTS
 SEARCHES
 THE TERRY STOP
 REASONABLE SUSPICION

5. 01/12/16
5
SEIZURE
 The reasonable person in the same
situation does not feel free to leave.
 The test to determine if it is a seizure is
the “totality of the circumstances.”

6. 01/12/16
6
ARREST
 It is more likely than not that this person
committed the crime. This is the probable
cause standard.
 The standard of proof is Probable Cause.
 An admission or confession amounts to
probable cause.

7. 01/12/16
7
SEARCHES
 If the reasonable person in the same
situation would expect privacy, then a
search warrant is probably needed.
 Activity in plain view is not the subject of
4th
Amendment protection.
 Videotaping on the public way is not
illegal.

8. 01/12/16
8
CONCLUSION
 The Supreme Court of the United States
applies a balancing test.
 It gives the police certain powers while
protecting the rights of citizens.
 This has been a very brief and general
overview of this area of the law.