Tiers of Police Citizen

Question 1

Verbal Encounter

Answer 1

Communication between police and citizen involving no coercion or detention. 4th plays no role

Question 2

Brief Seizures

Answer 2

Brief seizures that must be supported by articulable reason of suspicion

Question 3

Arrest

Answer 3

Full scale arrest supported by probable cause

Question 4

Elements of arrest

Answer 4

Intent, Seizure, understanding of communication. Arrest should be thought of as a process of events

Question 5

Two types of seizure

Answer 5

1. Actual seizure, physical interaction
   Constructive Seizure;
2. Show of authority

Question 6

14-4-20 Arrest with and without a warrant (aka Custodial)

Answer 6

1. Offense is committed in officers presence
2. Offender is endeavoring to escape
3. There is probable cause to believe an act of family violence has occurred
4. There is probable cause to believe a crime has occurred against a valuable adult
5. Failure of Justice

Question 7

14-4-23 Arrest by issuance of traffic citation (aka non-custodial)

Answer 7

1. The offense occurs officers presents
2. Information received form another officer
3. The violation was the result of a motor vehicle accident

Question 8

4th Amendment

Answer 8

The people have the right to be free from unreasonable searches and seizures. So reasonable searches and seizure are allowed

Question 9

Force

Answer 9

A peace officer gets his power of arrest from Georgia Law 35-Post Act

Question 10

If an officers loses power of arrest

Answer 10

Has no authority to execute a warrant, apply or execute a search warrant, no authority to issue a UTC, many not arrest for city or county ordinance violation. Reduced to a private citizen

Question 11

Davis v. State 164 GA App 312

Answer 11

Officer finish training requirement of title 35 and may arrest even without physical certification

Question 12

Prerequisite for Lawful Warrantless Arrest

Answer 12

1. The place where the officer was must have been lawful and the manner in which he observed it must have been lawful
2. Probable cause is dealing with probabilities and not certainties. It must exist at the time of the arrest. Taking in consideration what he has hears, smell, touch or seen

Question 13

Probable Cause; Collective Knowledge

Answer 13

Probable cause may rest on the collective knowledge of the police when there is some degree of communication between them, not just possessed by the officer that makes the arrest Probable cause is determine by the totality of the circumstances. Each case will judged on a case by case basis.

Question 14

Arrest warrant parts

Answer 14

1. Affidavit sworn statement

2. Command order of a court

Question 15

17-4-24

Answer 15

Every law enforcement officer is bound to execute the penal warrants given to them

Question 16

17-4-25

Answer 16

Under a warrant issued, an arresting officer may, in any county without regards to the residence of the arresting officer, arresting person charged with the crime

Question 17

17-4-26

Answer 17

Every officer arresting under a warrant shall every officer arresting under a warrant shall exercise reasonable diligence in bringing the person arrested before the judicial officer

Question 18

17-4-40

Answer 18

Any judge of a superior, city, state or magistrate court may issue a warrant for the arrest of any offender against the penal laws, based on probable cause

Question 19

17-4-44

Answer 19

A warrant for arrest may be issued in any county, through the crime was committed in another country

Question 20

17-4-60

Answer 20

A private person may arrest an offender if the offense is committed in their presence or within their immediate knowledge

Question 21

17-4-61

Answer 21

If arrest under 14-6-60 person shall without any delay take the person arrested before a judicial officer or peace officer

Question 22

17-4-62

Answer 22

In every case of an arrest without warrant, the person arresting shall without delay present offender to judicial officer within 48 hours

Question 23

Stop

Answer 23

A temporary investigative detention of an individual short of an arrest. Sometimes called an investigatory stop

Question 24

Frisk

Answer 24

The pat down of an individual’s outer clothing to determine whether they are carrying a weapon

Question 25

Articulable Reasonable Suspension

Answer 25

Level of proof needed for a lawful stop and frisk

Question 26

Scope of Frisk

Answer 26

The outside of the clothing head to toe

Question 27

Justifying the Stop

Answer 27

Whenever an officer accost an individual and restrains their freedom to walk away, he has seized that person. Only when the officer by means of physical force or show of authority, has in some way restrained the liberty of a citizen may we conclude that seizure has occurred

Question 28

Terry v. Ohio

Answer 28

Under some circumstances, an officer may approach a person and ask questions if the officer has no ARS or PC. An officer has the liberty to address questions to another person and ordinarily the other person has an equal right to ignore his interrogator and walk away

Question 29

US v Cortez

Answer 29

An investigatory stop must be justified by some objective manifestation that the person stopped is or is about to be engaged in criminal activity

Question 30

Brown v State

Answer 30

Any stop of a moving vehicle has been treated as a detention and an officer has no authority to make a stop of a vehicle unless he has at least reasonable suspicion

Question 31

Hilbel v Nevada

Answer 31

Suspects must identify themselves during police investigation

Question 32

Handcuffs in Level II

Answer 32

Reasonableness, dangerous circumstances, known gang member, history with violence

Question 33

Baker v. State

Answer 33

The state can expect to lose such contest if it fails to produce the responsible supervisory personnel at the hearing and has no other admissible evidence to establish basis for the roadblock