Pre-Post 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.
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.
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.
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. An arrest must be based upon probable cause to believe that a crime has occurred, and that the citizen committed it.
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.
Search
A search is an intrusive examination by a police officer of a citizen’s person or his property. It is any act that intrudes upon a citizen’s reasonable expectation of privacy. A search is governed by the Fourth amendment and therefore must be reasonable. A search can occur by any use of any of the senses: seeing, hearing, smelling, or feeling.
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.
Probable Cause
A set of articulable 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.
Protective sweeps
Officers making a lawful arrest on premises may, without probable cause or reasonable suspicion, look into closets and other spaces immediately adjoining the place of arrest from which an attack by third persons could be launched.
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.
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.
Miranda Warning Definition
A procedural safeguard
