Ld 31 Custody

Front 1

constitutional rights and protections for "in custody" persons

Back 1

first, sixth, eighth, and fourteenth amendments

Front 2

common officer errors in custodial situations

Back 2

-"tombstone courage"
-fatigue
-bad position
-bad attitude
-ignoring danger signs
-failure to watch hands
-relaxing to soon
-use of restrain devices
-no search or poor search
-officers' inoperative weapons

Front 3

peace officer responsibilities for custodial situations

Back 3

-assuring there is a lawful basis for custody
-protecting constitutional and statutory rights of the "in custody"
-maintaining care, custody, safety of arrested person until processed to det. fac.
-maintaining officer and public safety
-handling those responsibilities necessary to facilitate the processing of the arrested person into a detention facility

Front 4

legal basis for custody

Back 4

-an arrest warrant
-existence of valid parole or probation commitment
-a probable cause arrest
-and en route prisoner commitment

Front 5

court commitment document

to be legally sufficient:

Back 5

-signature of magistrate or court clerk (signature of authority)
-court case number/docket number
-bail or sentencing information

Front 6

Arrest Warrants
PC 815

required info

Back 6

-name of defendant
-crime defendant is suspected of committing
-date of the warrant
-city or county where the warrant is issued
-signature of the issuing authority with the title office
-name of the court or other issuing agency
-amount of bail

Front 7

arrest report or initial booking sheet required info
PC 836

Back 7

-name of person to be held
-crime person was arrested for

Front 8

documentation required for detention center

Back 8

-arrest report, or
-initial booking sheet

Front 9

statutory rights for "in custody"

Back 9

-reasonable opportunity to exercise religious freedom PC 4027
-prisoners attorney visitation PC 825
-physician, surgeon, psychologist/psychiatrist, employed by prisoner, or his attorney, to visit to assist in his defense PC 825.5
-right to at least 3 local phone calls within the first 3 hours of arrest PC 851.5
-retain certain rights PC 2601
-inherit, own, sell or convey real
or personal property
-correspond confidentially with
member of sate bar or public
office
-marry, make will, create power of
appointment
-purchase, receive, read newspapers, periodicals, books, with some limitations.

Front 10

assault by public officer
PC 149

Back 10

-every public officer who,
-under color of authority,
-without lawful necessity,
-assaults, or beats any person
FELONY

Front 11

cruel and unusual punishment
PC 673

Back 11

Any person who,
-in a described location,
-inflicts cruel, corporal, or unusual punishment
-which would injure or impair health
-upon a prisoner, inmate, or person confined
MISDEMEANOR

Front 12

inhumane or oppressive treatment
PC 147

Back 12

Any officer
-willfully
-inhumanely treats or oppresses
-any prisoner under his/her care or custody

Front 13

depriving person of civil rights
PC 422.6(a)

Back 13

Any person
-whether or not acting under color of law
-who shall by force or threat of force
-willfully deprive any person of any legal right
-based on that persons race, color, religion, ancestry, national origin, disability, gender or sexual orientation
-or because the person perceives that the other person has one or more of those characteristics
MISDEMEANOR
-though certain federal civil codes can apply

Front 14

bringing firearm, deadly weapon, or explosive into detention facility
PC 4574(a)

Back 14

any person who
-knowingly
-brings or sends into
-assists in bringing into or sending
-a local detention facility
-any
-firearms
-deadly weapons
-explosives
OR
any person who
-while lawfully confined to det fac
-possesses any:
-firearm
-deadly weapon
-explosive, or
-tear gas or tear gas weapon
FELONY

Front 15

conditions under which a parole or probation court commitment document could be issued

Back 15

-re-imprisonment of a prisoner on parole PC 3056
-revocation of probation PC 1203.2
-suspension of release for a person on an outpatient release status W&I 3151
-suspension, cancellation, or revocation of parole related to a juvenile W&I 1767.3