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POLICE POWERS

FLAVIO MOTA, Attorney

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OBJECTIVES 1st AMENDMENT 4th AMENDMENT (local police, (14th Amendment applies) SEIZURES, ARRESTS, and SEARCHES PROBABLE CAUSE CONCLUSION

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1st AMENDMENT FREEDOM OF SPEECH CERTAIN RIGHTS OF PRIVACY FREEDOM of SPEECH at WORK

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4th AMENDMENT SEIZURES ARRESTS SEARCHES THE TERRY STOP REASONABLE SUSPICION

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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.”

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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.

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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.

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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.