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

LD 15 Flashcards by Tayllor Gipson

Consensual Encounter

a face to face contact with a person

-they have to believe they are free to go

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Legal justification for a Consensual encounter

None is needed as long as officers are in a place they have a right to be

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Appropriate application of consensual encounters

request info
interview witnesses at the scene (voluntarily)
converse casually
disseminate info

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Actions that may elevate a CE to a detention or arrest

Using emergency lights
blocking someone in
Giving commands
Illegal searches

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Can we search everyone we detain?

NONONO!

-Must have reasonable suspicion and they must be armed and dangerous to conduct a search

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Reasonable suspicion

Enough facts and circumstances to believe that criminal activity is occurring and the person detained is connected

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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

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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

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Legal justification for a detention

Must have REASONABLE SUSPICION to detain someone

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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

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Arrest

taking a person into custody in the manner authorized by the law

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Legal justification for an arrest

PROBABLE CAUSE

Direct investigation or report
circumstantial evidence
statements from reliable sources

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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

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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

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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

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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

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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