*****DIRECTIVE 5.16 Flashcards
0
Q
- What are all persons accused of a crime afforded
2 what will the identification procedure be 2
A
- A lineup or a confrontation
- It is I’ll be non suggestive
and - will not prejudice the rights of any person
1
Q
Suspect confrontations lineups and removal of persons
A
5.16. 58
2
Q
- Why is a suspect confrontation
- What have confrontations been deemed to be by the Supreme Court
- Unless what
A
- A face to face encounter for identification purposes between a victim/witness and a suspect
- Highly improperly suggestive.
- Unless there are prevailing circumstances
3
Q
- What type of circumstances will justify a suspect confrontation
A
- When the victim or witness might die or become unavailable during the time it would take to set up a lineup
- When a suspect requests an immediate confrontation.
- When there is probable cause to arrest a suspect who is located within a reasonable time period after the comission of a crime and it is necessary to immediately determine whether the perp has been apprehended or to continue the search
4
Q
- If a suspect requests a confrontation. Who else should be present
- Are police under any obligation to to arrange a confrontation just because a suspect requests one.
A
- A neutral witness. Their babe must be recorded
2. No
5
Q
- When can a suspect be arrested without a warrant 2.
- What if the crime is a misdemeanor not committed in the presence of the police officer
- What are the exceptions to needing a warrant for a misdeamenor arrest. 3
A
- If the crime is a felony
- And probable cause exists
- Then the suspect can only be arrested pursuant to an arrest warrant
- All thefts.
- Domestic a use.
- DUI.
6
Q
- What will the officer do if a person is stopped for investigation of a felony. And there is not enough probable cause for an arrest. But there is reasonable suspicion enough to detain the person
A
THE OFFICER
- Will not remove the person from his location.
- Will lot transport the person to the Victim or complainant
- Will request a supervisor to respond to the suspect location to determine is a confrontation is justified.
- Detain the suspect at the location
- Have the victim or witness transported to the suspect for identification.
- Do not have the fruits of a crime or other questioned articles transported to the witness or victims location for identification
7
Q
- When are the only times a suspect can be removed from their location and brought to the witness or victim for identification
- What if the suspect is a juvenile.
- What must police do if the suspect gives consent to be moved for a confrontation
A
- The suspects consents.
- Emergency circumstances exist like the witness may die, is hospitalized , or is physically handicapped and can’t be moved
- Then his parent or guardian must consent
- Police must infirm him of their right to remain at their present location and right to have the witness Brought to them
- The suspect must not be in handcuffs or restrained when giving consent
8
Q
- What can police be sure to never do
A
- The officer must never suggest or or make actions to infer that the suspect is the actual offender
9
Q
- Who has the responsibility to direct , coordinate , schedule , and supervise weekly lineups
- Where do weekly lineups take place
- On what days
- Who will contact major crimes to have a suspect put in a lineup
- Who will inform and instruct the the witness and victim of where and when to be present for the lineup
A
- The major crimes unit
- The CFCF.
- Wednesday and Thursday
- The command officer of the detective division
- The commanding officer of the detective division / the detective division
10
Q
- Who will provide transportation for witnesses or victims to go up to CFCF or house of corrections for a lineup
A
- The detective division
11
Q
- If the detective division cannot notify the witness in time. They just let major crimes know to cancel when
A
- Must be notified by 12PM on the day preferring the scheduled lineup
12
Q
- Who are present during a lineup at CFCF or house of corrections
- Who will notify private attorneys of the date and time of a lineup
A
- ADA.
- Public defender or private attorney
- Major crimes unit
13
Q
- What must police read to a person who is of interest in an investigation before removing them if they are not under arrest
- What must the suspect do before being removed
- Can police question the suspect at the place of initial Contact.
- When do police not have to read the information card to the suspect
A
- The information card (75-misc 6).
- The suspect must voluntarily consent to being relocated
- Yes.
- If he is questioned at the initial place of contact and not removed
14
Q
- Police sweeps or dragnets involving the stop , search , frisk , questioning , and / or arrest of s person based solely on what …….. Is strictly what …….
A
- Their presence at a particular location or in a designated area.
Is strictly prohibited