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31 Cards in this Set
- Front
- Back
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CONSENSUAL ENCOUNTER
DEFINED |
face-to-face contact w/ a person under circumstances which would cause a reasonable person to believe they are free to leave or otherwise not cooperate.
No legal justification is needed as long as officers are in a place they have a right to be. |
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DETENTION
DEFINED |
Requires reasonable suspicion of criminal activity.
A temporary detention or stop is an assertion of authority by a LEO that would cause a reasonable person to believe they are not free to leave. Such a belief may result from physical restraint, unequivocal verbal commands, or other conduct by an officer. Less than an arrest and more substantial than a consensual encounter. |
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COMMON ACTIONS DURING DETENTION
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- questioning the person about ID and conduct
- contacting other individuals to confirm explanations, verifying ID, or determining whether person is wanted - checking premises, examining objects, or contacting neighbors or other individuals to determine whether a crime actually occurred -bringing the victim to the suspect for ID purposes. |
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USE OF FORCE DURING DETENTION
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- reasonable force is justified
- use of force does not elevate to arrest INDIVIDUALS MAY BE: - handcuffed - placed in patrol vehicle |
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PROBABLE CAUSE
DEFINED |
A set of facts that would cause a a person of ordinary care and prudence to entertain an honest and strong suspicion that the person to be arrested is guilty of a crime.
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REASONABLE SUSPICION
DEFINED |
Enough facts and information to make it reasonable to suspect that criminal activity is occurring, and the person detained is connected to that activity; reasonable suspicion is required to justify a detention.
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ARREST
DEFINED |
taking a person into custody, in a case and in the manner authorized by law (PC 834). Arrest must be based on PC.
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FACTS REQUIRED TO ESTABLISH PROBABLE CAUSE:
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- direct investigation or reports
- circumstantial evidence, - second-hand statements from RELIABLE sources. |
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ELEMENTS FOR LAWFUL ARREST:
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- an arrest may be made by a peace officer or private person (PC 834)
-the arrested person must be taken into custody, in a case and in the manner authorized by law. (PC 834) -an arrest may be made by actual restraint or by the persons submission to the officer's authority. (PC 835) -reasonable force may be used to make an arrest, prevent escape, or overcome resistance (PC 835a) |
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DIFFERENCE BETWEEN ARREST AND DETENTION
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Arrest: is the taking of a person into custody, in a case and in the manner authorized by law. Custody is key word; it implies the person making arrest has full control.
Detention: or stop, is an assertion of authority that would cause a reasonable person to believe they are not free to leave. A detention is limited in scope, intensity, and duration. |
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PURPOSE OF THE MIRANDA WARNING
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compliance with Miranda allows any statement the person makes to be admitted against him at trial to prove guilt w/out violating the persons 5th amendment right against self incrimination.
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WHEN MIRANDA MUST BE GIVEN
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CUSTODY+INTERROGATION=MIRANDA
aka custodial interrogation |
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CUSTODY
defined |
formal arrest or its "functional equivalent".
PEOPLE ARE IN CUSTODY FOR MIRANDA PURPOSES WHEN: - actually placed under arrest, - subjected to the kinds of restraints associated with a formal arrest (eg handcuff, gun, lockups) |
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INTERROGATION
defined |
when a peace officer:
- engages in direct/express questioning of a person about a crime, or - using words or conduct is reasonably likely to elicit an incriminating response from a person. *casual comments and routine booking questions are not Interrogation |
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VOLUNTEERED STATEMENTS
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Statements volunteered by a person, and not as a direct result of interrogation by the peace officer, are not affected by Miranda.
ADMISSIBLE |
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PRIVILEGE AGAINST SELF-INCRIMINATION
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5th amendment applies only to TESTIMONIAL communication.
NOT VIOLATED: -handwriting samples -voice sample for analysis -body fluids or other samples -model articles of clothing -participate in lineup -submit to routine fingerprinting -repeat statement for voice ID |
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ELEMENTS OF MIRANDA
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-advisement of the Miranda warning by the officer
-understanding of the warning of the person, and -waiver or invocation of the Miranda rights (silence and counsel) by the person |
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MIRANDA PROCESS:
WARNING |
INFORMING PERSON OF:
- right to remain silent - the fact that any statement made may be used against them in court - right to have attorney present before and during any questioning, and - the fact that an attorney will be provided if the person cannot afford one |
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MIRANDA PROCESS:
UNDERSTANDING |
A person must understand the meaning of each
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MIRANDA PROCESS:
WAIVING OR INVOKING RIGHTS |
A person must knowingly and voluntarily either waive their rights to silence and counsel or must invoke one or both of these rights
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TYPES OF MIRANDA WAIVERS
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- expressed
- implied - conditional |
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EXPRESSED WAIVER
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answers yes/no to question about going forward with the questioning
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IMPLIED WAIVER
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acknowledges understanding the advisements, and exhibits conduct indicating waiver of rights
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CONDITIONAL
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acknowledges understanding the advisements and is willing to go forward, but placed a limitation/qualification on answering questions
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INVOKING RIGHT TO REMAIN SILENT
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can be invoked by any words or conduct which reflect an unwillingness to discus the case.
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INVOKING RIGHT TO COUNSEL
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unlike right to silence, invocation of counsel can only be invoked by clear and express request for an attorney.
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MIRANDA RULE EXCEPTION
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PUBLIC SAFETY or EMERGENCY RESCUE EXCEPTION
- if officer is motivated by a concern for someone's safety - concern for safety can be vic, susp, 3rd person, public at large or officers safety. |
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INTERVIEW
defined |
process of gathering info from a person who has knowledge of the facts that an officer will need to conduct an investigation
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INTERVIEW PURPOSE
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obtain and document info needed to:
- determine if a crime has taken place, - ID and locate vics and wits - ID possible susp. - generate a BOLO to dispatch |
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CONFESSION
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acknowledging commission of all of the elements of a crime
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ADMISSION
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certain facts that tend to incriminate the individual, but fall short of a confession
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