POST Assessment Flashcards
Contact
a consensual encounter between a law enforcement officer and a citizen. it is only consensual if there is no show of force, assertion of authority, or interference with the citizen’s ability to leave.
Arrest
An arrest occurs when a citizen is taken into custody by a law enforcement officer’s significant restraint of the citizen’s freedom to leave. Warrant, PC, or in officer’s presence
Frisk/Pat Down
A frisk is a “patting down,” or external feeling of clothing to assure that the suspect is not carrying any type of weapon. A deputy has the right to perform a pat-down search of the outer garments of a subject for weapons if the suspect has been legitimately stopped with reasonable suspicion and only when the deputy has reason to believe that the suspect possesses weapons on his or her person.
Probable Cause
A law enforcement officer must be able to articulate facts that would lead a neutral independent magistrate to conclude that under the totality of the circumstances there is a fair probability that the citizen committed a crime.
Seizure
A seizure is a police officer’s interference with a citizen’s ability to control his person or his property. Types of seizures are arrests, stops, and removal of property.
Stop
A stop is a limited detention for the purposes of obtaining a person’s name and address, identification, and an explanation of the person’s actions. A stop must be supported by reasonable suspicion of criminal activity.
Reasonable Suspicion
Reasonable suspicion is a particularized and objective basis for suspecting that a citizen is involved in criminal activity. a law enforcement officer must be able to articulate facts that indicate a reasonable suspicion of involvement in criminal activity. The officer can rely upon his own observations, information from other persons, and his training and experience in articulating reasonable suspicion.
Plain Feel
When an officer can tell during a pat down/protective frisk that an item is contraband (illegal) merely by touching it. Does not allow for manipulation or squeezing in order to make the determination.
Search Incident to Arrest
“Resulting From”
When the suspect has been placed under a custodial arrest. Search must be confined to the person and area of their immediate reach, must be contemporaneous with the search and be for evidence of the crime for which they were arrested.
Custody
A custodial situation exists when a “reasonable person” in the suspect’s position would feel that his/her freedom of action has been restricted to the same degree as a formal arrest. This may occur when a deputy tells a suspect he is under arrest, when restraints are applied, when weapons are displayed, etc.
Miranda Warning
- You have the right to remain silent.
- Anything you say can and will be used against you in a court of law.
- You have the right to talk to a lawyer and have him present with you while you are being questioned.
- If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning, if you wish.
- You can decide at any time to exercise these rights and not answer any questions or make any statement.
Miranda Waiver
- Do you understand each of these rights i have explained to you?
- Having these rights in mind, do you wish to talk to us now?
Interview
An interview is a non-custodial and non-accusatory question and answer session with a victim, witness or subject about a crime or incident.
Juvenile Miranda
Both the juvenile and the parent, guardian, legal or physical custodian must consent to waive the juvenile’s rights and submit to questioning. The parent, guardian, legal or physical custodian may agree to waive their right to be present during questioning.
Confession
The goal of the interrogation and many interviews. The subject admits his/her involvement in the crime and provides cooberating details. It is not enough to simply get the admission.
