Lt. Bill O’Leary (Ret.)
Friday, April 8th, 2016
Stone Hill Middle School
Words to Know
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Reasonable Suspicion
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
Separation of Powers
 Three branches of government
 Legislative
 Executive
 Judicial
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
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”
4th Amendment Summary
 Right against search and seizure
 Protection against search without
warrant
“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.
“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.
Exceptions to the 4th
Amendment
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(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
5th Amendment Summary
 Right against self-incrimination
 Right to an attorney
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?
Courts
 United States
 Virginia
 U.S. Supreme Court
 U.S. Court of Appeals
 U.S. District Court
 Virginia Supreme Court
 Court of Appeals of
Virginia
 Circuit Court
 General District Court
Courts
Criminal Procedure
 Arrest
 Felony vs. misdemeanor
 Adult vs. juvenile
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Arraignment
Bail
Trial vs. Plea vs. Dismissal
Sentencing / Outcome
Probation vs. Parole
Appeals
Becoming a Police Officer
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Clean record
Physically fit
Many have college degree
Written test
Physical test
Psychological exam
Polygraph
Background investigation
Academy
FTO
Aspects of being a Police
Officer
 Patrol
 Detectives
 Special Teams
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K-9
SWAT
Hostage
Dive Team
Search and Rescue
Crowd Control
Evidence Recovery
Many more
Real Life Cases with Lt.
O’Leary
 “Math in the Crash”
 The Glass Burglary
 The Eaten Apple
 The Crowbar
 The Floods
What is a Police Officer?
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Lawyer
Sociologist
Psychologist
Doctor
Marriage Counselor
Negotiator
Many times a split-second decision by a
Police Officer faces a lifetime of review
Questions?