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3
Lesson Plan
Authority to Detain and Arrest; Use of Force
CONTENT AND COMPETENCIES
Content
This lesson will focus on the Fourth Amendment and how it governs the officer’s authority to detain and
arrest citizens against their will and use force when necessary. Definitions of “seizure” and “reasonable
suspicion” will be covered and Terry v. Ohio will be discussed.
Objectives
• Seizure
MATERIALS AND RESOURCES
Computer and PowerPoint projector
KEYWORDS AND TERMS
affidavit
arrest
investigatory
misdemeanor
Terry stop
stop
__________________________________ Chapter 3 Authority to Detain and Arrest; Use of Force 2
Constitutional Law
Kanovitz
LESSON 3.1
CRITICAL THINKING QUESTION
How does the Fourth Amendment govern police investigations and seizures?
Guidelines: The Fourth Amendment protects against unreasonable searches and seizures. In order to
OBJECTIVES
CONTENT
TEACHING RESOURCES
Understand
what
constitutes a
seizure under
the Fourth
Amendment
and recognize
Introduction to the
Fourth Amendment
Crossing the Boundary
of the Fourth
Amendment
“Free Zone” of
PPT:
• 1–5
Figures:
• Fig. 3.1: Legal Restrictions on Arrest Authority
__________________________________ Chapter 3 Authority to Detain and Arrest; Use of Force 3
Constitutional Law
Kanovitz
LESSON 3.2
CRITICAL THINKING QUESTION
What are the grounds for making a lawful investigatory stop under the Fourth Amendment?
Guidelines: The Fourth Amendment protects people from being stopped by the police for no reason. Until
OBJECTIVES
CONTENT
TEACHING RESOURCES
Understand
Terry v. Ohio
and the
grounds
required for a
suspicion.
Investigatory Stops
Terry v. Ohio
Purpose of an
Investigatory Stop
Reasonable Suspicion
Definition
Deductions and
Inferences
PPT:
• 6–9
Figures:
• Fig. 3.11: Information furnished by members of the
public
• Fig. 3.12 Actions authorized during a Terry stop
• Fig. 3.13 Investigative activity appropriate during
__________________________________ Chapter 3 Authority to Detain and Arrest; Use of Force 4
Constitutional Law
Kanovitz
OBJECTIVES
CONTENT
TEACHING RESOURCES
LESSON 3.3
CRITICAL THINKING QUESTION
What are the constitutional requirements for making a constitutional arrest?
Guidelines: In order for an arrest to meet Fourth Amendment requirements, probable cause must exist that
OBJECTIVES
CONTENT
TEACHING RESOURCES
Understand the
constitutional
requirements of
checkpoints
and pretextual
traffic stops.
Recognize what
for an arrest
warrant and the
additional
requirements to
arrest an
individual in a
third party’s
home.
Traffic and Vehicle
Stops
Checkpoints
Pretextual Traffic Stops
Grounds
Requirements for a
Constitutional Arrest
“Arrest” Defined
Introductory Material
Probable Cause
Requirements for a
Valid Arrest Warrant
Magistrate
PPT:
• 10–12
Figures:
• Fig. 3.16 Fourth Amendment requirements for
checkpoint stops
• Fig. 3.19 Advantages of an arrest warrant
• Fig. 3.20 Fourth Amendment requirements for a
valid arrest warrant
• Fig. 3.21 Sample arrest warrant I
• Fig. 3.22 Sample arrest warrant II
• Fig. 3.23 Particularized description of the person to
be arrested
• Fig. 3.24 Sample arrest warrant
__________________________________ Chapter 3 Authority to Detain and Arrest; Use of Force 5
Constitutional Law
Kanovitz
LESSON 3.4
CRITICAL THINKING QUESTION
What are the Fourth Amendment guidelines for the use of force?
OBJECTIVES
CONTENT
TEACHING RESOURCES
Recognize the
Fourth
Amendment
restrictions on
the use of force,
including
deadly force.
Understand the
relationship
between state
arrest laws and
constitutional
requirements.
Understand the
Use of Force in Making
an Arrest or other
Seizure
Fourth Amendment
Requirement of
Objective
Reasonableness
Special Limitations on
the Use of Deadly Force
State Arrest Laws
Distinction between
Authority to Arrest for
Territorial Limits on a
Police Officer’s Arrest
Authority
Intrastate Territorial
Laws
PPT:
• 13–14
Figures:
• Fig. 3.26 Fourth Amendment restrictions on force
Exercises:
• In the Test Bank, choose True or False question 8
and Multiple Choice questions 10–11
