Walker & Hemmens: Legal Guide for Police (10th ed.)
Chapter 3: Police Power and Limitations
Introduction
This chapter provides an overview of the scope of the power and responsibilities of American police
agencies. Further, this chapter will detail how those powers are limited through individual rights. The
impact of the United States Constitution and the Bill of Rights on police power will also be addressed.
Key Concepts
• The scope of police power.
Key Terms
• Police Power
• Fifth Amendment
• Fourteenth
Critical Thinking Questions
1. The states are invested with various police powers. However, the federal government limits
that police power. Do you think that the control of police power best lies in the federal or
state governments?
Guidelines: The federal government can increase stability because they have national power
2. By expanding the scope of the Fourteenth Amendment, the federal government essentially
gave state police agencies a “rule book” to follow. Does the federal government understand
the local conditions that state agencies face? Does the federal government understand local
procedures enough to change how local agencies function?
3. In addition to the United States Constitution, state constitutions also limit and define police
power. Also, state constitutions can actually increase the restrictions of police power beyond
those that are defined by the United States Constitution. Why do you think that an individual
state would increase restrictions on police power?
Guidelines: State constitutions may increase restrictions on police power due to localized
Discussion Points
• The Constitution gives states police power. Why is police power vital to government function?
• Should police power be limited by the federal government, or should states be allowed to