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PRO 2024 > Chapter 10- Post Arrest Procedures > Flashcards

Chapter 10- Post Arrest Procedures Flashcards

1
Q

What is the primary purpose of the booking process?

A

To identify the person

This involves gathering personal information and verifying identity.

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2
Q

Can the booking process be videotaped without informing the person?

A

Yes

The person does not need to be told that they are being recorded.

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3
Q

What information must detainees be provided regarding their arrest?

A

Accurate information on why they were arrested

They must also be provided a copy of the warrant if requested.

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4
Q

When must detainees be informed of their right to make a phone call?

A

Forthwith

This means they should be informed immediately.

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5
Q

When can a detainee use the phone after arriving at the station?

A

Within one hour of arrival at the station

If the person was at the station prior to being arrested, the hour is triggered upon formal arrest.

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6
Q

If a person is already incarcerated and informed of new charges, do they get a new right to a phone call?

A

No

They do not receive a new right to a phone call in this situation.

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7
Q

What happens to evidence gained from intentionally withholding a phone call?

A

It will be suppressed

This means it cannot be used in court.

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8
Q

Fill in the blank: The booking process’s primary purpose is to _______.

A

identify the person

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9
Q

What should always be recorded when a person calls?

A

The phone number of the caller

This information is admissible in legal proceedings.

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10
Q

Is it permissible to use an investigator’s phone to make a call?

A

Yes, it is fine to use an investigator’s phone

This practice helps maintain the integrity of the investigation.

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11
Q

What should never be done with a detainee’s phone call?

A

Never record and listen to a detainee’s phone call unless they are notified

This protects the detainee’s rights and maintains legal compliance.

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12
Q

What type of information overheard during a call is admissible?

A

Anything overheard during the call

There is no need to provide a private call for this information.

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13
Q

What is the first action the Officer in Charge (OIC) must take regarding injuries?

A

Immediately examine for injuries

A report must be sent to the chief of the department after the examination.

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14
Q

Is it necessary to remove clothing for injury examinations?

A

No, you do not need to remove clothing for injury exams

This respects the detainee’s privacy and dignity.

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15
Q

When does the injury examination policy apply?

A

Only applies to the first lock-up after arrest

This policy ensures timely assessments of detainee welfare.

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16
Q

What must the Officer in Charge (OIC) do if a person in custody commits suicide?

A

Write a report and send it to the medical examiner within 7 DAYS

This is a critical protocol to ensure accountability and follow-up on custodial deaths.

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17
Q

What is the time frame for placing an event in CJIS if a person threatens or attempts suicide?

A

Within 24 hours

This ensures timely documentation and response to potential suicide threats.

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18
Q

What is required for lock-ups regarding audio monitoring?

A

Must have an electronic audio system so desk officer can HEAR what is happening

This measure is essential for ensuring safety and security in custody.

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19
Q

What is the interval for checks in lock-ups?

A

30 minutes

Regular checks help monitor the well-being of individuals in custody.

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20
Q

What does PREA stand for?

A

Prison Rape Elimination Act

This act is aimed at preventing sexual abuse in correctional facilities.

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21
Q

What is the primary purpose of the Prison Rape Elimination Act (PREA)?

A

Prevents a person from being raped or raping someone else

This legislation establishes standards to protect inmates from sexual violence.

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22
Q

Who decides on the voluntary release of a prisoner for treatment?

A

Officer in Charge (OIC)

The OIC evaluates the case based on the crime’s severity and safety risks.

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23
Q

Under what circumstances can a prisoner be released for treatment?

A

If accused of a minor crime and has no safety risk

This allows for treatment while managing risks to public safety.

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24
Q

What actions does the OIC take after deciding to release a prisoner for treatment?

A

Contacts bail commissioner

This step is necessary to facilitate the legal process for the release.

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25
Q

What options are available for a prisoner who is released for treatment?

A
  • Sent to a hospital
  • Arranged for a family member or case worker to take over

These options ensure the prisoner receives necessary care and support.

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26
Q

What is the main focus of SECTION 18 regarding involuntary transfer?

A

Involuntary transfer to secure treatment for individuals requiring mental health care

This section outlines the procedures for transferring individuals to secure treatment facilities.

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27
Q

Who initiates the process for involuntary transfer to secure treatment?

A

OIC calls clinician who then sends the person to the hospital or reports findings to a judge.

OIC stands for Officer in Charge.

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28
Q

Who is responsible for transporting individuals to and from the hospital and court?

A

Police

This indicates law enforcement’s role in managing the transport of individuals undergoing mental health evaluations.

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29
Q

Under what condition may an involuntary transfer be granted after more than 72 hours?

A

If the person is on mental health watch for more than 72 hours

This condition emphasizes the importance of monitoring individuals’ mental health status.

30
Q

What is the 6 Hour Rule in relation to police interviews?

A

Police have six hours from the time of arrest to interview the defendant

This rule ensures timely questioning and protects the rights of the defendant.

31
Q

What are exceptions to the safe harbor rule?

A

Incapacitation, Out of State Arrest, Medical attention, Police Emergency, Police request consent to search, Arrestee waives prompt arraignment

These exceptions outline circumstances where typical protections may not apply.

32
Q

What is the 24 Hour Rule also known as?

A

Jenkins Rule

This rule requires that an individual must be afforded a probable cause hearing within 24 hours of a warrantless arrest.

33
Q

Does a violation of the 24 Hour Rule result in dismissal of charges?

A

No, it is based on the circumstances

Violations may not lead to automatic dismissal but could influence the case outcome.

34
Q

What is the policy regarding bail and booking?

A

No bail until booking is complete

This ensures that all necessary procedures are followed before bail is considered.

35
Q

What should always be checked before the release of an arrestee?

A

WMS

WMS refers to the warrant management system, which helps to ensure there are no outstanding warrants.

36
Q

What are the purposes of an inventory during the arrest process?

A
  • Preserve property
  • Protect police over disputes of lost, stolen, returned property
  • Prevent escape, injury, harm to others in the station

Inventory procedures help maintain accountability and safety during the arrest process.

37
Q

What are the requirements for booking inventory?

A

Lawful custody, written procedures, inspection conforms to policy

These are essential to ensure that the booking process is compliant with legal standards.

38
Q

Define lawful custody.

A

Arrests, protective custody

Lawful custody refers to the legal control over a person or property, ensuring it is handled according to the law.

39
Q

True or False: Allowing a third party to take possession of items eliminates the need to inventory those items.

A

True

If a third party assumes possession, the legal requirement for inventory does not apply.

40
Q

If you allow a hotel clerk to take the computer but not the backpack, it is considered a violation.

A

True

This scenario illustrates the importance of maintaining control over all items in lawful custody.

41
Q

Who controls the inventory policy

A

The place of detention

42
Q

When can locked containers be opened by police?

A

Locked containers can be opened if you have a key or combination or reasonable belief contents pose a danger to police or public.

43
Q

What must be obtained if the contents of a locked container are not posing an immediate danger?

A

Obtain a search warrant (SW) or note the locked container on the inventory sheet.

44
Q

recording multi-digit account numbers on bank cards during an inventory - good or no good?

A

Recording multi-digit account numbers on the back of a bank card was deemed NO GOOD.

45
Q

What was the issue with the trooper holding onto the murder suspect’s phone then searching it after his brother said it was his

A

The trooper should have submitted the phone into booking as inventory instead of holding onto it.

46
Q

True or False: Officers can hold onto property without proper inventory procedures.

A

False.

47
Q

Fill in the blank: Officers must provide medication under _______.

A

ADA.

48
Q

What is the first step when a juvenile is taken into protective custody?

A

Immediately contact the parent or guardians

This ensures that the family is informed and involved in the process.

49
Q

Under what conditions can a juvenile be held on protective custody?

A

A juvenile must be at least 14 and OIC agrees with arresting officer, or an arrest warrant specifically requests it

OIC stands for Officer in Charge.

50
Q

Can juveniles be placed in adult lock-up?

A

No, juveniles can NEVER be placed in adult lock-up

This policy is in place to protect juveniles from potential harm in adult facilities.

51
Q

What is the policy for juveniles under 14 regarding secure detention?

A

Juveniles under 14 can NOT be placed in secure detention

This reflects a protective measure for younger juveniles.

52
Q

What is the maximum duration a juvenile aged 14 and over can be held in secure detention?

A

Up to 6 hours

This time limit is designed to minimize the impact of detention on juveniles.

53
Q

What are the juvenile lock-up requirements?

A

Approved by DYS, separate from adults (sight and sound), documented checks, docket numbers, 6 hour hold then transfer to OAP

DYS stands for Department of Youth Services.

54
Q

What is the maximum duration for juvenile lock-up before release or transfer?

A

6 hours

After 6 hours, juveniles must be released or transferred to an overnight arrest program (OAP).

55
Q

What are the characteristics of Non-Secure Detention for ages 12 and 13?

A

Unlocked area, no residential areas (bunks/toilets etc), no handcuffing to stationary object, hold only long enough to process and transfer, continuous visual supervision

Non-secure detention facilities are designed to be less restrictive.

56
Q

What is the best strategy for dealing with CRA juveniles under 18?

A

Use WPC and bring the child to court

WPC stands for a specific protocol or procedure to handle juveniles.

57
Q

What should be done with a runaway juvenile?

A

Bring home or to station, no fingerprints or photos or submit to CJIS, no handcuffs

CJIS stands for Criminal Justice Information Services.

58
Q

What action should be taken if a runaway cannot be reunited with family?

A

Call 211 for shelter

211 is a social services hotline that connects individuals with local services.

59
Q

Who qualifies as a foreign national?

A

Anyone who is not a US citizen, includes those with green cards (legally or illegally)

Foreign nationals may be subject to different legal considerations.

60
Q

What is required for documented checks in juvenile lock-up?

A

Juvenile lock-up dockets

These dockets are crucial for tracking and accountability.

61
Q

What is the first step after stopping foreign nationals and diplomats?

A

Notify consulate

This step ensures that the foreign national’s home country is informed of their situation.

62
Q

What should be informed to foreign nationals regarding their consulate?

A

Inform of right to have consulate notified

This ensures that they are aware of their rights under international law.

63
Q

What documents are needed to determine if foreign nationals or diplomats have diplomatic immunity?

A

Documents from the State Department

These documents verify the individual’s diplomatic status.

64
Q

What should be done to verify the status of foreign nationals or diplomats?

A

Detain them and verify status

This is crucial to ensure proper handling according to their legal status.

65
Q

When is it appropriate to handcuff foreign nationals or diplomats?

A

Only if there is a security risk

Handcuffing should be avoided unless necessary for safety.

66
Q

Is it permissible to search foreign nationals or diplomats?

A

No search unless officer safety is at risk

This policy respects diplomatic protocols.

67
Q

What should be done after stopping a foreign national or diplomat?

A

Document the encounter

Proper documentation is essential for legal and procedural reasons.

68
Q

Can foreign nationals or diplomats be stopped and cited for traffic violations?

A

Yes, they can be stopped and cited

However, they may not have to pay the citation.

69
Q

Fill in the blank: You can stop and cite foreign nationals for _______.

A

traffic violations

This applies to foreign nationals and diplomats under certain conditions.

70
Q

Can you hold someone on a federal immigration detainer

A

No you need PC of a crime and go though the normal process OR

Judicial warrant holding them

PRO 2024 (16 decks)

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