Post

Front 1

Arrest

Back 1

Occurs when a citizen is taken into custody by a law enforcement officer's significant restraint of the citizen's freedom to leave.

Must be based upon probable cause to believe that a crime had occurred, and that the citizen committed it.

If the citizen is issued a summons, it is considered to be a "non-custodial arrest.

If the citizen is taken to jail, it is considered to be "custodial" arrest

Front 2

Contact

Back 2

Is a consensual encounter between law enforcement officer and a citizen.

It is only consensual if there is no show of force, assertion of Authority, or interference with the citizen's ability to leave.

The court test is whether a reasonable person in that situation would have felt free to ignore the officer and leave.

An officer needs an officer needs no level of Suspicion to conduct a contact.

Front 3

Frisk

Back 3

Is a "patting down," or external feeling of clothing to assure that the suspect is not carrying any type of weapon.

A stopped suspect may be frisked only if there are articulable officer safety concerns.

Front 4

Probable cause

Back 4

Is to believe that a certain situation exists requires more facts and more certainty than "Reasonable Suspicion."

A law enforcement officer must be able to articulate facts that would lead a neutral independent magistrate to conclude that, under the totality of the circumstances, there is a "fair probability" that a citizen committed a crime (or, for purposes of a search, the sizeable items are currently located inside certain premises).

The officer can rely upon his or her own observation

Front 5

Reasonable Suspicion of Involvement in Criminal Activity

Back 5

Is a "particularized and objective basis for suspecting that a citizen is involved in a criminal activity."

A law enforcement officer must be able to articulate facts that indicate a reasonable suspicion of involvement in criminal activity.

The officer can rely upon his/her own observations, information from other persons, and his/her training and experience, and articulating reasonable suspicion.

Front 6

Seizable Items

Back 6

A.Person B. Porperty

Front 7

Seizure

Back 7

Is a police officer's interference with a citizen's ability to control his person or his property.

Types of seizures are arrest, stops, and removal of property.

A seizure is governed by the Fourth Amendment.

Front 8

Stop

Back 8

Is a limited detention for the purposes of obtaining a person's name and address, identification (if available), and an explanation of the person's actions.

A stop must be supported by reasonable suspicion of criminal activity.

Its time frame is limited to the officer's diligence in carrying out the purposes of a stop.

Any unreasonable use of force or an extended period of detention is likely to be held to be an illegal arrest.

A stopped suspect may not automatically be frisked for possible weapons.

A Frisk is permitted if only there are articulable officer safety concerns.

Front 9

Contact (Consensual Interviews)

Back 9

Are not technically "seizures" because they involve minimal restrictions upon a person's freedom of movement.

Entails a face-to-face meeting between a person and a peace officer in which the officer does not use his authority (express or implied) or physical force to restrict the person's freedom of movement.

Peace officers make contact any person for any reason.

A contact does not require a reasonable suspicion for its justification.

Front 10

Purposes of a Stop

Back 10

An officer's conduct during the stop is dictated by this statue.

Because a stop can turn into an arrest based upon the length of detention, officers must diligently attempt to verify a suspect's true identity in questionable cases.

There is no set time period, however if a serious crime is involved the courts will probably uphold a longer detention period.

Front 11

RANDOM Stops Prohibited

Back 11

Courts have ruled that random stops for identification and random vehicle stops to check for license are improper.

A stop must be based upon reasonable suspicion of criminal activity (past present or future)

It is "unbridled discretion" in these cases that bother the courts.

For this reason, procedures that take away this discretion are permissible. Thus, roadblocks where every car is stopped are acceptable.

So is a situation where every, say, tenth car (or fifth, etc.) is stopped.

Front 12

Authority to Stop Persons

Back 12

Authorizes police officers to stop and detain any person reasonably suspected of criminal activity.

This includes the authority to stop automobiles whenever you have a reason to suspect that the driver is violating a traffic regulation, or that the vehicle or its occupants have been, are, or are about to be involved in a criminal offense.

A command or request that a suspect stop, halt, approach you or your car, or remain where he is so you can approach him is a "seizure" of the suspect's person, if he complies, and he must be "reasonable" under the Fourth Amendment.

You have the authority to exercise your stop power in any place you have the right to be. Such places include areas open to the public and private premises you have entered with a search or arrest warrant, with proper consent or invitation, or because of emergency or exit existent circumstances.

Front 13

Preliminary Considerations

Back 13

You should only consider exercising your stop power when it is clear to you that a stop is the most appropriate action you can take to discover or prevent criminal activity.

Front 14

Stops Must Be Based Upon Reasonable Suspicion of Criminal Activity

Back 14

When you have a reasonable suspicion that a person has committed a crime or is involved in criminal activity, or is about to be involved in criminal activity, you may command that person to stop.

Factors that, usually in combination, create reasonable suspicion

1. Appearance

2. Actions

3. Area

4. Time of Day

5. Knowledge

Front 15

"Evaporation" of Reasonable Suspicion

Back 15

Sometimes, during a valid stop, further investigation reveals that an officer's initial assessment of reasonable suspicion of criminal activity was incorrect.

In these cases, courts hold that reasonable suspicion justifying the initial stop has "evaporated" and the other officer has no further authority to detain, interrogate, or to request information.

Front 16

Conducting the Stop

Back 16

A stop always means detaining the suspect.

This detention is not an arrest.

But because it is a seizure of the suspect's person and its conducts is governed by the Fourth Amendment, it must be reasonable under the circumstances.

Front 17

Approaching the Suspect

Back 17

You should identify yourself as a police officer as soon as it is practical as safe to do so.

Your uniform may be sufficient identification, or may state that you are a police officer and show proper identification.

If it is safe, it is better not to use any physical restraint or physiological coercion beyond the initial command or request that the person stop or come over to you.

Front 18

Use of Force

Back 18

If the suspect refuses to obey your command or request to stop, or if the suspect indicates by his action or words that he will not stay with you while you undertake your investigation, you may use the least forceful means necessary to detain him.

Less forceful means include a verbal request and an order; more forceful means include threatened physical force and actual physical force short of deadly force.