A.S.S. Flashcards
Peace officers are free to approach and ask questions of persons so long as officers recognize that those persons can refuse to identify themselves, refuse to cooperate, refuse to answer questions, and simply walk away. Also which course case does this include?
Consensual Encounters
Florida v. Royer
The Temporary seizure of a person for investigation based on an officers reasonable suspicion of criminal activity.
What case does this include
Investigatory Stops/Detentions
Terry V. Ohio
Take Persons into custody for purposes of charging them with a crime based on an officers establishment of probably cause.
What case does this include?
Arrests
U.S. v Mendenhall
What are the 3 classifications of interactions between Peace officers and persons?
Consensual Encounters
Investigatory Stops/Detentions
Arrests
What are the 4 elements that have been used by courts to determine whether an arrest has occurred?
Intent
Authority
Actual Seizure
Understand
A peace officer’s purpose or intention to take a person into the custody of the law.
Intent
The peace officer’s arrest must be made under real authority. This means the officer is authorized by law to make an arrest and the arrest is supported by probably cause.
Authority
The person arrested is taken into custody either by physical force or by submission to assertion of authority.
Actual Seizure
By the person to be arrested of the officer’s intention to arrest.
Understanding
Person arrested and taken into custody either by physical force or by submission to assertion of authority.
Actual Seizure
Words: confined, imprisoned, in custody, confinement, imprisonment refer not only to the actual, corporeal and forcible detention of a person but also to any coercive measures by threats, menaces or the fear of injury, whereby one person exercises a control over the person of another and detains him.
Constructive Custody
Who uses the elements of an arrest?
The courts
The kind of control which one person exercises over another, not to confine him within certain limits, but to subject him to the general authority and power of the person claiming the right to
Restraint
Under arrest by a peace officer, Under restraint by a public servant pursuant to an order of a court of this state or another state of the US.
Custody
What amendment must an officers respect?
5th Amendment
Citizen’s right against self-incrimination