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Lt. Bill O’Leary (Ret.) Friday, April 8th, 2016 Stone Hill Middle School
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Words to Know Reasonable Suspicion Search and Seizure Probable Cause
Due process of law Bail Probation Parole Original jurisdiction Appellate jurisdiction Search and Seizure Separation of Powers Executive, Legislative and Judicial Right Against Self- Incrimination Proof Beyond a Reasonable Doubt Misdemeanor Felony
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Separation of Powers Three branches of government Legislative
Executive Judicial
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Checks and Balances The U.S. government is set up so not one branch has more power than the others Executive branch can veto legislation Legislative branch can override a veto Judicial branch can interpret and make laws unconstitutional
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Amendments for Consideration by Law Enforcement
4th Amendment: “Search and Seizure” 5th Amendment: “Self-Incrimination” / “Miranda Warning” 6th Amendment: “Trial by jury” 14th Amendment: “Due Process”
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4th Amendment Summary Right against search and seizure
Protection against search without warrant
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“Reasonable suspicion”
The officer has more than a hunch that criminal activity is at hand. To have either probable cause or reasonable suspicion, an officer must be able to cite specific facts to warrant the intrusion (search/arrest). Items related to suspected criminal activity found in a search may be taken, or seized, by the officer.
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“Probable cause” The officer must have enough trustworthy facts to believe that a crime has been committed. In some cases, an officer may only need a reasonable suspicion of criminal activity to conduct a limited search.
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Exceptions to the 4th Amendment
(1) Consent exception (2) Search incident to a lawful arrest exception (3) Automobile exception (4) Investigatory stop exception (5) Plain view exception (6) Exigency exception (7) Inventory searches exception (8) Entry to arrest with arrest warrant exception (9) Search of probationer’s home exception
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5th Amendment Summary Right against self-incrimination
Right to an attorney
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Miranda Warning You have the right to remain silent.
Anything you say or do can and will be held against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as they have been read to you?
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Courts United States Virginia U.S. Supreme Court U.S. Court of Appeals
U.S. District Court Virginia Virginia Supreme Court Court of Appeals of Virginia Circuit Court General District Court
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Courts Criminal Procedure Arrest Arraignment Bail
Felony vs. misdemeanor Adult vs. juvenile Arraignment Bail Trial vs. Plea vs. Dismissal Sentencing / Outcome Probation vs. Parole Appeals
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Becoming a Police Officer
Clean record Physically fit Many have college degree Written test Physical test Psychological exam Polygraph Background investigation Academy FTO
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Aspects of being a Police Officer
Patrol Detectives Special Teams K-9 SWAT Hostage Dive Team Search and Rescue Crowd Control Evidence Recovery Many more
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Real Life Cases with Lt. O’Leary
“Math in the Crash” The Glass Burglary The Eaten Apple The Crowbar The Floods
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What is a Police Officer?
Lawyer Sociologist Psychologist Doctor Marriage Counselor Negotiator Many times a split-second decision by a Police Officer faces a lifetime of review
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Questions?
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