Tiers of Police Citizen Flashcards
Verbal Encounter
Communication between police and citizen involving no coercion or detention. 4th plays no role
Brief Seizures
Brief seizures that must be supported by articulable reason of suspicion
Arrest
Full scale arrest supported by probable cause
Elements of arrest
Intent, Seizure, understanding of communication. Arrest should be thought of as a process of events
Two types of seizure
- Actual seizure, physical interaction
Constructive Seizure; - Show of authority
14-4-20 Arrest with and without a warrant (aka Custodial)
- Offense is committed in officers presence
- Offender is endeavoring to escape
- There is probable cause to believe an act of family violence has occurred
- There is probable cause to believe a crime has occurred against a valuable adult
- Failure of Justice
14-4-23 Arrest by issuance of traffic citation (aka non-custodial)
- The offense occurs officers presents
- Information received form another officer
- The violation was the result of a motor vehicle accident
4th Amendment
The people have the right to be free from unreasonable searches and seizures. So reasonable searches and seizure are allowed
Force
A peace officer gets his power of arrest from Georgia Law 35-Post Act
If an officers loses power of arrest
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
Davis v. State 164 GA App 312
Officer finish training requirement of title 35 and may arrest even without physical certification
Prerequisite for Lawful Warrantless Arrest
- The place where the officer was must have been lawful and the manner in which he observed it must have been lawful
- 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
Probable Cause; Collective Knowledge
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.
Arrest warrant parts
- Affidavit sworn statement
2. Command order of a court
17-4-24
Every law enforcement officer is bound to execute the penal warrants given to them
17-4-25
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
17-4-26
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
17-4-40
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
17-4-44
A warrant for arrest may be issued in any county, through the crime was committed in another country
17-4-60
A private person may arrest an offender if the offense is committed in their presence or within their immediate knowledge
17-4-61
If arrest under 14-6-60 person shall without any delay take the person arrested before a judicial officer or peace officer
17-4-62
In every case of an arrest without warrant, the person arresting shall without delay present offender to judicial officer within 48 hours
Stop
A temporary investigative detention of an individual short of an arrest. Sometimes called an investigatory stop
Frisk
The pat down of an individual’s outer clothing to determine whether they are carrying a weapon
Articulable Reasonable Suspension
Level of proof needed for a lawful stop and frisk
Scope of Frisk
The outside of the clothing head to toe
Justifying the Stop
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
Terry v. Ohio
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
US v Cortez
An investigatory stop must be justified by some objective manifestation that the person stopped is or is about to be engaged in criminal activity
Brown v State
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
Hilbel v Nevada
Suspects must identify themselves during police investigation
Handcuffs in Level II
Reasonableness, dangerous circumstances, known gang member, history with violence
Baker v. State
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
