Limits of Authority Flashcards
Officers Discretion is?
to use good judgement and discretion when dealing with citizens, be professional, objective, and non-prejudicial. The reason will be within the law and can preserve good relationships with the public.
What is an arrest?
is the deprivation of a person’s liberty with the intent to make him/her answer to a particular charge/s.
Under Title 12 of RIGL an arrest w/out a warrant for a misdemeanor circumstances are?
an officer has reasonable cause to believe a person is committing or has committed a misdemeanor/petty, and the officer has reasonable grounds that person cannot be arrested later or may cause injury to themselves/others or loss or damage property if not immediately arrested.
Under Title 12 of RIGL an arrest w/out a warrant for a felony circumstance are?
an officer has reasonable grounds a felony has been committed. It is not necessary that officer has reasonable belief that the person cannot be arrested later or that the person may cause injury or damage property if not arrested immediately.
With an arrest warrant to effect on a subjects private residence, entry will only be made if;
The officer possesses a Felony warrant and has knowledge the subject of the warrant is present; or there is existing exigent circumstances.
With an arrest warrant with a subject in a 3rd party house, entry will only be made if;
The officer is in possession of a search warrant, exigent circumstances, or consent to search from occupant owner.
In addition to arrest officers can use the following availilible alternatives?
District Court, Municipal court, RITT; Verbal Warning; MV Notice & Demand; Informal Resolution, Commitment to an approved public treatment facility, or Referral to social service agency.
What are Interviews
a controlled conversation by and officer with a victim, witness or anyone else with info. Not considered suspects and do not need Miranda warnings.
What are points of a good interview practice?
The sooner the interview the better, to maintain control of it and not elicit false info, decide based on the interview if an authoritative style is needed, assist if needed in recalling facts, decide if note taking will distract the interviewee, close the interview in a courteous manner.
What are Interrogations?
is conducted to elicit information and obtain admissions or confessions about wrongful acts. If asked in a custodial interrogation where questioning might result in incriminating statements, proper warnings (Miranda).
What are Miranda Warnings?
are rights when a person is being interrogated from a crime and are aware of their right against self-incrimination and their to counsel during any questioning.
When to give Miranda Warnings?
2 prong test: 1) when a person is being questioned/interrogated in a crime and 2) that the person reasonably believes that he/she is no longer free to leave or is in “Custody”.
Procedure for the use of Interview rooms;
A search of the room prior and Wii be documented in report, firearms are to be secured prior, a portable radio w/panic button must be with you, if you leave a prisoner they must be visually monitored and the door is to be locked. Prisoners will be allowed water and bathrooms upon request.
