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LAWS OF ARREST-. LEARNING DOMAIN 15. CONSTITUTIONAL PROTECTIONS-PEACE OFFICER’S ROLE. US Constitution-1789 (1776) California Constitution-1879 (1850) _______________ - allow persons to speak freely, exercise religious beliefs, peaceably assemble-protect from infringement by others

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laws of arrest

LAWS OF ARREST-

LEARNING DOMAIN 15

constitutional protections peace officer s role
CONSTITUTIONAL PROTECTIONS-PEACE OFFICER’S ROLE
  • US Constitution-1789 (1776)
  • California Constitution-1879 (1850)
  • _______________ - allow persons to speak freely, exercise religious beliefs, peaceably assemble-protect from infringement by others
  • _______________ – persons are free from unreasonable searches and seizures-conduct searches on probable cause____________
constitutional protections peace officer s role1
CONSTITUTIONAL PROTECTIONS–PEACE OFFICER’S ROLE
  • ____________ – person’s right against self-incrimination-Miranda
  • _______________ – once counsel is appointed or an attorney is requested, interrogation must stop
  • Fourteenth Amendment – law equally applied to _________ regardless of race, creed, nationality, religious preference, or national origin (_____________________)
federal civil rights statutes
FEDERAL CIVIL RIGHTS STATUTES
  • U.S. Code, Title 42, Section 1983, acting under ____________
  • U.S. Code, Title 18, Section 241 – (2 or more people) conspire to injure, oppress, __________

___________

  • U.S. Code, Title 18, Section 242 – deprive a person under “color of law” based on color, race, or citizenship
  • California Equivalent – Penal Code 422.6(a), broader than above
consensual encounters
CONSENSUAL ENCOUNTERS
  • Face to face contact between a private person and a peace officer under circumstances that would cause a ____________ to believe that he or she is free to leave and otherwise ___ cooperate
    • Florida v. Bostick (1991)
    • People v. Hughes (2002)
  • Need no legal justification as long as officer is in a place he has a _________
consensual encounters1
CONSENSUAL ENCOUNTERS
  • EXAMPLES
  • Witness/Victim interview
  • Information dissemination
  • Elevating Consensual Encounters
    • DETENTIONS
      • A stop or assertion of authority by an officer that would cause a reasonable person to believe they are ______________ or disregard the officer
        • Terry v. Ohio (1968)
        • Hiibel v. 6th Judicial Dist Court of NV (2004)
      • To have a lawful detention, must have “_________ _________” to detain
detentions
DETENTIONS
  • RESEASONABLE SUSPICION
  • Enough facts/circumstances to make it reasonable for the officer to suspect that criminal activity is about to occur, is occurring or has occurred and the detained person is connected to that criminal activity.
  • __________________________
reasonable suspicion
REASONABLE SUSPICION
  • ________ be based on a hunch or instinct
  • Can be based on observation, personal training and experience, or information from witnesses, victim(s) or other officers __________________
reasonable suspicion1
REASONABLE SUSPICION
  • CONTRIBUTING FACTORS TO ESTABLISH REASONABLE SUSPICION
  • Appearance of a person (intoxication, resemblance to wanted person)
  • Actions (running from crime scene)
  • Driving (irregular, vehicle code vios)
  • Knowledge of person’s history (probation, parole, etc)
  • Officer training & experience (expertise in certain areas)
detentions1
DETENTIONS
  • OFFICER ACTIONS:
  • Once detained, officer can take whatever investigative actions are reasonable under the circumstances to determine the person’s possible participation in the crime
  • Detention can __________________ necessary to resolve the reason for the stop
detentions2
DETENTIONS
  • COMMON ACTIONS
  • Questioning about identity and conduct
  • Contacting others to confirm/verify
  • _______________
  • Bringing victim/witness to suspect for identification
detentions3
DETENTIONS
  • SEARCHES DURING DETENTIONS
  • ____________ allowed only under certain conditions-outer clothing, only for weapons
  • ________________
  • Further discussion during “Search and Seizure”
detentions4
DETENTIONS
  • Use of force:
  • Uncooperative subjects can be _________ and/or placed in a patrol vehicle
  • Does not elevate the detention to an arrest
arrests
ARRESTS
  • DEFINITION:
  • The taking of a person into custody in a case and manner authorized by law (PC834)
  • Before and arrest can be made, you must have ___________________
probable cause
PROBABLE CAUSE
  • DEFINITION
  • A set of facts that would cause a person of ordinary care and prudence to entertain an honest and strong belief that the person to be arrested is guilty of a crime
  • More information needed than _________

______________

probabale cause
PROBABALE CAUSE
  • Facts required to establish Probable Cause may include:
  • Direct investigation report
  • ___________________
  • Second hand statements from reliable information (source)
  • Officer training and experience
elements of a lawful arrest
ELEMENTS OF A LAWFUL ARREST
  • May be made by a peace officer or a _________

_________

  • Arrested person must be taken into custody in a case and manner authorized by law (PC 834- 1872)
  • May be made by actual restraint of the person, or by the person’s submission to the officer’s authority (PC 835)
  • _____________ may be used to make an arrest, prevent escape, or overcome resistance (PC 835a)
information given to an arrested person
INFORMATION GIVEN TO AN ARRESTED PERSON
  • 841 PC requires that person making the arrest must convey certain information
  • Intent (to arrest)
  • Cause (to arrest)
  • ___________(may be inferred)
  • Two situations in which officer is not required:
  • Arrested person actually committing an offense
  • Attempting to escape
  • HOWEVER, must always tell if they ask
warrentless arrests misdemeanors
WARRENTLESS ARRESTS MISDEMEANORS
  • Whenever offense committed in officer’s presence PC 836(a)(1)
  • Normally a misdemeanor, _____________ in the officer’s presence cannot be made, however, there are exceptions:
warrantless arrests misdemeanors
WARRANTLESS ARRESTS MISDEMEANORS
  • EXCEPTIONS:
  • Offense committed by a juvenile (625WIC)
  • Driving while under the influence ( VC 40300.5 & 40600
  • Carrying a loaded firearm on one’s person or in a vehicle while in a public place or on any public street (PC 12031(a)(4)(A)
  • Violating a domestic violence restraining order, when officer responding to same (PC836(c)-____________________________
warrantless arrests misdemeanors1
WARRANTLESS ARRESTS MISDEMEANORS
  • EXCEPTIONS CONT.
  • Assault or battery on spouse, cohabitant, or the parent of his/her child (PC 836(d)
  • Assault or battery against a working firefighter, emergency medical technician or mobile intensive care paramedic (PC 836.1)
  • Assault or battery on ________________ when the school is in session (PC 243.5)
warrantless arrest misdemeanors
WARRANTLESS ARREST MISDEMEANORS
  • EXCEPTIONS CONT.
  • Carrying a concealed firearm in an airport inspection area (PC 836(e))
  • Assault or battery on a person over the ________ who is related to the suspect by blood or legal guardianship (PC 243.25) also (PC 368 elder abuse)
warrantless arrests misdemeanors2
WARRANTLESS ARRESTS MISDEMEANORS
  • TIME OF ARREST:
  • Must be made between the hours of 6 AM and ________ UNLESS
  • Crime is committed in the officer’s presence
  • Arrest is made in a public place
  • Suspect already in custody on another lawful arrest
warrantless arrests felonies
WARRANTLESS ARRESTS FELONIES
  • Can be made when the person to be arrested:
  • Committed ______ in the officer’s presence (PC 836(a)(1))
  • Probable Cause to believe that a felony was committed not in the officer’s presence (PC 836(a)(2))
  • Probable Cause to believe felony committed, regardless of whether the felony was, in fact, committed (PC 836(a)(3))
warrantless arrests felonies1
WARRANTLESS ARRESTS FELONIES
  • TIME OF ARREST
  • ___________ of the day or night on any day of the week
elements of a warrant arrest
ELEMENTS OF A WARRANT ARREST
  • WARRANT – order signed by a ________ which directs and commands a peace officer to arrest the person named on the warrant for the offense named on the warrant
elements of warrant arrests
ELEMENTS OF WARRANT ARRESTS
  • WARRANT CONTAINS:
  • Name of the defendant (alias)
  • Crime that defendant is suspected of committing
  • ______________________
  • City/county where issued
  • Signature of judge, name of court issuing
  • Amount of bail (or no bail)
  • _____________________
warrant arrests
WARRANT ARRESTS
  • TIME OF ARREST:
  • Felonies – anytime of day or night on any day of the week (PC 840)
  • Misdemeanors – must be made between ___________________ unless endorsed for night service
warrants entry to make arrest
WARRANTS – ENTRY TO MAKE ARREST
  • BEFORE ENTERING A PRIVATE DWELLING TO MAKE AN ARREST, AN OFFICER MUST:
  • Have consent, exigent circumstances; parole or searchable probation;
  • Have an arrest warrant & PC to believe the subject to be arrested is actually inside, and
  • Comply with knock & notice requirements (PC 844)
knock and notice
KNOCK AND NOTICE
  • Means that before entering a dwelling to make an arrest, with or without a warrant, officer must give the person(s) inside certain information (PC 844)
  • Announce presence
  • ID as a peace officer
  • ______________
  • Demand entry
  • Wait a reasonable amount of time (circumstances dictate) and
  • If necessary, ___________
knock notice exceptions
KNOCK & NOTICE EXCEPTIONS
  • Consent – must be voluntary
  • _________________:
  • Hot pursuit
  • Imminent threat to life
  • Imminent threat to property (smell of natural gas, etc.)
  • Imminent threat of suspect escape
  • Imminent threat of destruction of __________ or contraband
arrest by private person
ARREST BY PRIVATE PERSON
  • Can arrest for any offense committed in their presence
  • Can arrest if felony actually has been committed and ____________ to believe person committed the felony
arrest by private person1
ARREST BY PRIVATE PERSON
  • When arrest is made they are required, without unnecessary delay:
  • Take the person before a magistrate, or
  • Deliver the arrested person to a peace officer
  • Can make warrantless entries on _________ only
arrest by private person2
ARREST BY PRIVATE PERSON
  • Peace officer can receive an arrest by private person (PC 142) Not required as of 1/1/03.
  • Once received, officer may:
  • Release – (PC 849(b)(1))
  • Cite – (PC 853)
  • Take _________________
  • Exemption______________
use of force
USE OF FORCE
  • PC 835 authorizes use of a level of force that is reasonable and necessary to make an arrest, prevent escape or overcome resistance
  • Cannot use ____________
  • Cannot use excessive force, assault or beat, or subject a prisoner to inhumane treatment (PC 149, 147) _____________
dispostion of arrested person
DISPOSTION OF ARRESTED PERSON
  • Differs with nature of the offense:
    • Warrant – proceed as commanded on the warrant
    • _________ – normally cite and release, however can be arrested if fails to present satisfactory ID, refuses to sign cite, or if any of the exceptions listed in PC 853.5 exist
dispostion of arrested person1
DISPOSTION OF ARRESTED PERSON
  • Misdemeanors – normally cite and release-exceptions:
  • Immediate release might jeopardize prosecution
  • Likelihood offense may continue, placing people/property in danger
  • ______________________
  • Outstanding warrants or violated a protective order
  • Demands to be taken before a judge or refuses to sign cite
dispostion of arrested person2
DISPOSTION OF ARRESTED PERSON
  • Exceptions cont.
  • Arrested for DUI or any offense listed in VC 40302(a) & 40303
  • Officers have reason to believe that subject will ______appear at the time and date specified in notice (must give reason for belief)
  • Arrest for misd vio of protective order
  • Arrest is made pursuant to policy for responding to domestic abuse call (PC 13701)
dispostion of arrested person3
DISPOSTION OF ARRESTED PERSON
  • Warrantless arrest releases (PC 849(b))
  • PC 849(b)(1) – insufficient grounds for complaint
  • PC 849(b)(2) – intoxication only, no further action requested
  • PC 849(b)(3) – arrest for under influence of drugs, person is delivered to treatment facility, no further action desirable
dispostion of arrested person4
DISPOSTION OF ARRESTED PERSON
  • Probable Cause Hearing (PC 1538.5(B)(iii)
  • Phone calls:
  • Immediately after being booked and within ___________ hours of being arrested, must be allowed to make at least three (3) completed calls (PC 851.5)
  • Juveniles allowed at least two calls immediately upon being taken into custody (W&I 627)
  • Deprivation of these rights is a misd (PC 851.5(f)
  • Visitation _____________________
exceptions to powers of arrest
EXCEPTIONS TO POWERS OF ARREST
  • Diplomatic Immunity – OES
  • _________________
  • Statute of Limitations
miranda procedures
MIRANDA PROCEDURES
  • Purpose:
    • To Obtain Admissible Evidence
miranda
MIRANDA
  • CUSTODY : (workbook p. 2-73)
  • Placed under actual arrest, or
  • Placed in a situation where subject feels as though he/she is under arrest or not free to leave
  • ___________________
miranda1
MIRANDA
  • INTERROGATION:
  • Occurs when an officer engages in ______ __________ of a person about a crime, or
  • Says something or performs something that is reasonably likely to elicit an incriminating response (w/b p.2-74)
miranda2
MIRANDA
  • CUSTODY + INTERROGATION = MIRANDA (_______)
  • MUST HAVE BOTH BEFORE MIRANDA IS REQUIRED:
  • VOLUNTEERED STATEMENTS:
miranda3
MIRANDA
  • ACKNOWLEDGEMENT
  • WAIVER-express, implied or conditional, knowing & voluntary (w/b p.2-78/79)
miranda4
MIRANDA
  • _____________
  • Handwriting samples
  • Voice samples
  • Body fluids samples
  • Model clothing
  • Participate in a lineup or show up
  • Submit to fingerprinting
miranda5
MIRANDA
  • CONTACT AFTER INVOKING RIGHT TO SILENCE
  • CONTACT AFTER INVOKING RIGHT TO AN ATTY (must be clear & express desire for an atty)
  • CONTACT ON SEPARATE CRIME
  • ADVISEMENT- California Law, __________ must be advised even if ____ to be questioned upon arrest (625 WIC)

workbook p. 2-84

miranda6
MIRANDA
  • SUSPECT REINITIATES: ____________ can reinitiate (p. 2-84)
  • EXCEPTION:
  • Not required to give Miranda warnings if there is imminent concern for safety of a person or the public (w/b p 2-85)
crime scene interviews investigative interrogations
CRIME SCENE INTERVIEWS & INVESTIGATIVE INTERROGATIONS
  • Interviews: process of gathering information (w/b p. 2-93)
  • Establish rapport
  • Obtain identification
  • Keep person focused
  • Investigative Interrogations (p. 2-94)
  • _____________: acknowledges all elements of the crime (p. 2-95)
  • ______________: admits certain facts
investigative interrogations
INVESTIGATIVE INTERROGATIONS
  • Subterfuge ______________________
  • Coercion ________________________