LD 15 Flashcards
Consensual Encounter
a face to face contact with a person
-they have to believe they are free to go
Legal justification for a Consensual encounter
None is needed as long as officers are in a place they have a right to be
Appropriate application of consensual encounters
- request info
- interview witnesses at the scene (voluntarily)
- converse casually
- disseminate info
Actions that may elevate a CE to a detention or arrest
- Using emergency lights
- blocking someone in
- Giving commands
- Illegal searches
Can we search everyone we detain?
NONONO!
-Must have reasonable suspicion and they must be armed and dangerous to conduct a search
Reasonable suspicion
Enough facts and circumstances to believe that criminal activity is occurring and the person detained is connected
Use of force during a detention
If a suspect is uncooperative or tries to leave during a detention use of force or restraints may be used
*use of force does not automatically elevate to an arrest
Detention
Holding someone for questioning or investigation
- they know they are not allowed to leave
- Detainees are not obligated to answer questions
- Refusing to answer questions alone is not probable cause to elevate to an arrest
Legal justification for a detention
Must have REASONABLE SUSPICION to detain someone
What type of search can be conducted during detention?
a pat down search of the outer clothing to search for possible weapons that can harm the officer
Arrest
taking a person into custody in the manner authorized by the law
Legal justification for an arrest
PROBABLE CAUSE
- Direct investigation or report
- circumstantial evidence
- statements from reliable sources
Probable Cause
A set of facts that would cause a normal person to believe that the person to be arrested is guilty of a crime
Information required to the arrestee at time of arrest
1) Intent:To be told they are under arrest
2) Cause: the reason why
3) Authority: Non-uniformed or private person must show identification
*its not required when suspect actually committed crime or attempted to escape
Conditions for warrantless felony arrest
POs may make a warrantless arrest whenever they have probable cause to believe: (836 PC)
- a felony was committed in their presence
- felony committed not in their presence
- when they have probable cause to believe a felony was committed whether it was or not
Conditions for warrantless misdemeanor arrest
PO may make warrantless misdemeanor arrest when they have probable cause to believe the person to be arrested committed the crime IN THEIR PRESENCE
8 exceptions to making warrantless misdemeanor arrest
1) committed by a juvenile
2) DUI
3) Carrying a loaded weapon on person or vehicle in public
4) Violating domestic order or restraining order
5) assault or battery on spouse, parent of their child
6) assault on firefighter, Med. Tech, or paramedic
7) assault on school property while school is in session
8) concealing a weapon at an airport
Arrest Warrant
a written order signed by a magistrate commanding peace officers to make the arrest
Contents of arrest warrants
- name
- crime suspected of committing
- time warrants issued
- city where warrant is issued
- signature of the issuing authority
- name of court or other agency
- amount of bail
Pre Complaint
(Expedited arrest warrant)
-contains the same info as arrest warrant
Knock and notice
Officers must give notice to the person inside before entering private property, warrant or not
Private person
May make an arrest for any public offense committed in their presence
*4th amendment does not apply to private persons, they can make a warrantless entry for felony arrest
what are the 3 ways PO can proceed with private persons arrest?
1) Release if they feel there are insufficient grounds to file a criminal complaint
2) Issue a citation if the arrest was for a misdemeanor
3) Take the person to the nearest or most accessible magistrate or jail for booking
Probable cause determination
Anyone arrested without a warrant must be given a judicial determination of probable cause within 48 hours after the arrest
Phone calls after booking
- adults must be allowed 3 complete calls within 3 hours
- Juveniles must be allowed 2 phone calls immediately, no loner than one hour.
Visitation privileges
Upon the families request, the attorney can visit at anytime
stale misdemeanor
when an adult commits a misdemeanor in another persons presence and the person fails to arrest within a reasonable time thereafter
-at this time the person can no longer be arrested w/o a warrant
Statute of limitation
Suspects must be arrested within a certain time
- Misdemeanor: one year
- Felony: 3 years
- crimes punishable by death or life imprisonment: no limit
- sex crimes: can vary according to exact crime
Miranda Warning
Miranda allows any statement the person makes to be used against them at trial w/o violating their 5th amendment rights
-Anytime you take someone into custody AND interrogate them you must give them there Miranda rights
Interrogation
When peace officer ask direct questions about a crime or uses words or conduct likely to elicit an incriminating response
3 elements of Miranda
- advisement of the Miranda warning by the PO
- understanding by the person
- waiver or invocation by the person
3 types of waivers
Expressed: Verbally
Implied: Acknowledges they understand
Conditional: Acknowledges they understand but places limitation on answering questions (no written statement, tape recording, etc)
Juveniles in custody as it regards to Miranda rights
Juveniles must be read their rights when they are in custody, or temporary custody even if no interrogation takes place (they don’t have to understand just need to be advised)
Public safety Exception
Miranda not required if the officer is concerned for someone’s safety
- ex. hostage at gunpoint
- ex. gunman in store is apprehended but had discarded the gun in the store, officers can ask where is the gun for public safety
interview
the process of questioning non-suspects such as victims or witnesses
-should take place at crime scene
Interviews help what?
- determine if a crime took place
- identify and locate victim and witnesses
- identify possible suspects
- generate a crime broadcast to dispatch
Interrogation
the process of questioning suspects who often are unwilling to provide info
-questions or conduct that is likely to elicit an incriminating response
Purpose of Interrogation
- obtain an admission or confession
- identify individuals involved
- establish persons guilt
- corroborating facts of a crime
- obtaining info that could lead to recovering evidence or property
Confession
the commission of all of the elements of a crime
Admission
certain facts that tend to incriminate the individual, but fall short of a confession
Subterfuge
Use of deception and falsehoods as tactic during an interrogation
-may be used as long as it does not cause an innocent person to confess
Coercion
use of force, threats, overbearing psychological pressure depriving a suspects free choice to admit or deny or refuse to answer
-Ex. falsely telling someone their family will be responsible if they don’t confess to the crime
