Search and seizure person detentions Flashcards
A temporary “detention” or “stop”
is an exertion of authority that is something less than a full-blown arrest but more substantial than a simple “contact” or “consensual encounter.” occurs whenever a reasonable–and innocent–person would believe he is not free to leave or otherwise disregard the police and go about his business.
Before a “detention” exists in the law, it is necessary that the person actually
submits to your assertion of authority.
For an investigative stop or detention to be valid, you must have “reasonable suspicion” that:
(1) criminal activity may be afoot and (2) the person you are about to detain is connected with that possible criminal activity.
True or false: a detention can be based solely on a hunch, rumor, intuition, instinct, or curiosity.
false
A detention should be based on
specific facts justifying your suspicion, based on the “totality of circumstances” including your training and experience.
Specific factors considered in reasonable suspicion to detain:
Nighttime/High Crime Area, race (suspect description), flight, officer’s experience, officer safety, suspected weapons violation, drug courier profile, information you receive from an eyewitness, victim, police officer, dispatcher, or–if accurate–other “official channels”
True or false: giving chase to a subject fleeing does not constitute a detention.
true. detention does not exist until the subject submits to your authority or physical force is applied.
Regarding detentions, the supreme court has declined to rule either flight alone
will always justify a detention or never justify a detention. “flight” is merely one factor in the “totality of the circumstances”
As a general rule, information from a totally anonymous source will not be sufficient to justify a detention or patdown unless there is
sufficient corroboration or other indications of the tip’s reliability.
True or false: a suspect has the right to resist a lawful detention.
false. doing so is a violation of 148 PC and you may use whatever force is necessary to make him stop.
If you are going to cite an individual for a Vehicle Code violation– misdemeanor or infraction–you have the right to ascertain and verify his identity. This means he must produce either a driver’s license or its functional equivalent for examination, or else you have the discretion to take him into custody under
Vehicle Code section 40302, subdivision (a). If he does not or cannot produce ID, or if other suspicious or difficult circumstances arise, you are entitled, but not required, to take additional steps to ensure the accuracy of the suspect’s identity.
The Ninth Circuit has ruled that a suspect’s failure to identify himself cannot, on its own,
justify an arrest
A person’s failure to identify himself may, if combined with_____conduct, provide a basis for a detention.
“belligerent”
“When the detention exceeds the boundaries of a permissible investigative stop, the detention becomes
a de facto arrest requiring probable cause
Similarly, if an in-field identification or “showup” is desired, you should bring the victim or witness to the scene of the detention if at all possible. As a general rule, the courts do not want you to transport the suspect to the victim.The major exceptions are:
- when you have probable cause to arrest the suspect;
- when you have the voluntary consent of the suspect;
Note: The consent can be voluntary even though it is conditional. - when the victim cannot be moved; or
- when transporting the suspect to the victim is the best (or only) practical alternative
a detention can be legal at its beginning and then become illegal if you
extend it beyond what is reasonably necessary under the circumstances.
Actually detaining someone (as opposed to obtaining their voluntary cooperation) for the purpose of obtaining information about them, or photographing them,
is illegal unless you have a specific basis for believing the person is involved in criminal activity.
you may conduct a patdown or limited weapons search of someone you have detained, but
(1) only for weapons, (2) only of his outer clothing, and (3) only if you have specific facts that would make a reasonable officer feel in danger.
In general, if you see a weapon, some contraband, or evidence of a crime in plain view during a detention,
you are entitled to seize it without any further justification
if you become aware of contraband or evidence of a crime through your sense of smell or (during a lawful patdown) touch
you are entitled to seize it without any further justification
If you come across a container on the person you are detaining, you are entitled to seize it and open it
as long as it is reasonable for you to think it is a weapon or contains a weapon.
Generally, evidence that a suspect discards before or during a lawful detention
may be seized, may be examined, and is admissible in court.
