Ld 15: Laws Of Arrest

Front 1

4th amendment and officer responsibilities in laws of arrest

Back 1

If peace officers are not able to show probable cause, an arrest or search may be invalid, and the resulting evidence may be excluded.

Front 2

5th amendment and officer responsibilities in laws of arrest

Back 2

Peace officers need to understand how the Miranda decision protects a person's right against self-incrimination.

Front 3

6th amendment and officer responsibilities in laws of arrest

Back 3

Once this right attaches (indictment or first court appearance) and the person is represented by counsel, peace officers are prohibited from initiating interrogation of the person about the charged crime, except in the presence of counsel.

Front 4

14th amendment and officer responsibilities in laws of arrest

Back 4

14th amendment requires peace officers must:
-apply the equally to all people, and
-treat them the same regardless of race, creed, nationality, religious preference, or national origin.

Front 5

Deprivation of Civil rights Under Color of Law

Back 5

U.S. Code, Title 42, Section 1983
-individuals acting under color of law who deprive someone of any legal right can be held civilly liable.

Front 6

Conspiracy against rights of citizens

Back 6

U.S.C. Title 18, Section 241
A federal crime punishable by a fine or imprisonment up to 10 years or both.
-2 or more persons
-conspire to injure, oppress, threaten, or intimidate any person,
-for doing anything that the person had a legal right to be doing
-or because the person previously exercised any such legal right.

Front 7

Deprivation of Right Under Color of Law

Back 7

U.S.C. Title 18, Sec 242
Federal crime, punishable by a fine or imprisonment up to one year or both.
-for any person, acting under color of any law,
-to willfully deprive any person of any legal right,
-or to subject any person to a different punishment or penalty,
-based on that person's color, race, or citizenship status.

Front 8

Deprivation of Civil Rights
CA State Law

Back 8

422.6(a)
Broader than U.S.C. Title 18, Sec 242
-Basically the same, but does not limit the governmental agent to acting only under "color of law". It also includes religion, ancestry, national origin, disability, gender and sexual orientation.

Front 9

Appropriate conduct during consensual encounter

Back 9

-Gather information
-Interviewing witnesses at the scene of a crime or accident
-Conversing casually
-Disseminating information

Front 10

Conduct that may elevate a consensual encounter

Back 10

-Using emergency lights
-placing the peace officer or the office's vehicle so as to prevent the person or car from leaving
-Issuing orders or commands
-Using accusatory questions or tone of voice
-Conducting patdown searches w/o legal justification
-Demanding and/or keeping a person's ID

Front 11

Consequences of elevating a consensual encounter

Back 11

-Violation of 4th amendment rights
-Civil prosecution for violation of civil rights
-Criminal prosecution for false imprisonment
-Departmental disciplinary action

Front 12

Reasonable suspicion
Def

Back 12

is when a peace officer has enough facts and circumstances present to make it reasonable to suspect that criminal activity is occurring and the person detained is connected to that activity.

R.S of criminal activity must exist to make a detention lawful.

Front 13

Basis for Reasonable Suspicion

Back 13

Reasonable Suspicion may be based on observation, personal training and experience, or information from eyewitnesses, victims, or other officers (totality of circumstances).

Front 14

Contributing Factors to Establish Reasonable Suspicion

Back 14

-appearance or condition of a person (intoxicated, resemblance to wanted person)
-actions (hiding objects, furtive movements, running from a crime scene),
-driving behaviors
-knowledge of the person's "history" (criminal record or conduct)
-demeanor (non-responsive, nervous)

Front 15

Elements of lawful arrest

Back 15

1. Made by a peace officer or private person (PC 834)
2. Arrestee must be taken into custody (PC 834)
3. Restrain of the person, or submission to officer's authority (PC 835)
4. Reasonable force may be used (PC 835a)

Front 16

Information required at time of arrest
PC 841

Back 16

1. INTENT-arresting person must tell the individual that he or she is being arrested.
2. CAUSE-arresting person must state the reason for the arrest
3. AUTHORITY-
-a non-uniformed officer must show ID
-private person must state his/her authority

Front 17

Time of arrests for warrantless misdemeanors

Back 17

0600-2200
UNLESS THE PERSON:
-commits the crime in the officer's presence,
-is arrested in a public place, or
-is already in custody pursuant to another lawful arrest

Front 18

elements of a warrantless felony arrest

Back 18

Probable cause exists that the person to be arrested:
-committed the felony in the presence of the officer
-committed a felony, though not in the officers presence
-committed a felony, regardless of whether or not the felony was, in fact, committed.

Front 19

Time of arrest for warrantless felony arrest

Back 19

any time of day or night on any day of the week

Front 20

arrest warrant info required by PC 815

Back 20

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

Front 21

Pre complain warrants

Back 21

-Ramey warrants
-alternative to the complain/warrant procedure
-contain the same info as other arrest warrants
-based on sworn statements (affidavits) establishing Probable Cause

Front 22

Process for obtaining pre complain warrant

Back 22

-peace officer makes a written or oral statement of PC. (affidavit)
-magistrate evaluates info in the affidavit to assess wether PC for arrest exists
-if magistrate finds PC, arrest warrant issued
-subject named in warrant is arrested
-a criminal complaint may subsequently be filed

Front 23

time of arrest for warrant arrests

Back 23

Felonies- any time of day or night on any day of the week

Misdemeanors- between hours of 0600-2200
-unless endorsed for night time service

Front 24

Knock and notice

Back 24

before entering a dwelling to make an arrest, with or w/o a warrant, officers must give notice to the person inside.

Front 25

Knock and notice procedure

Back 25

-announce presence
-ID themselves as peace officers
-state their purpose
-demand entry
-wait a reasonable amount of time (based on circumstances)
-if necessary, forcibly enter premises

Front 26

Knock and notice exceptions

Back 26

-at scene, officer is given consent to enter
-exigent circumstances
-officer possesses a "no knock" warrant

Exigent circumstances
-hot pursuit
-imminent threat
-to life
-to property
-suspect's escape
-destruction of evidence or contraband

Front 27

Private person arrest
PC 834&837

Back 27

-private persons authorized to make felony and misd arrests
-use of force and info given to suspect similar to those of peace officer

Front 28

Private person arrest required actions
PC 847

Back 28

-take the person before a magistrate
OR
-deliver the person to a peace officer

Front 29

Private searches and seizures

Back 29

-4th amendment does not apply to private persons
-evidence obtained by private person searches not normally suppressed
-private person may make warrantless entrIes for felony only

Front 30

Disposition of arrestee pursuant to warrant
PC 848

Back 30

must proceed with the arrestee as commanded in the warrant.
-for misdemeanors only, may include cite and release or transport to jail

Front 31

Dispo for infractions

Back 31

-normally cited and released, must sign written promise to appear PC 835.5
MAY BE TAKEN INTO CUSTODY IF:
-fails to present satisfactory ID
-refuses to sign written promise
-or any exceptions in 853.6

Front 32

Warrantless misdemeanor arrest and release dispo

Back 32

-may be cited and released PC 853.6
-sign written promise to appear or post bail bond

Front 33

Exceptions to misdemeanor cite and release

Back 33

-arrestee so intoxicated danger to self/others
-requires med care/exam otherwise unable to care for own safety
-arrested for 1+ violation for VC 40302,40303
-1+ outstanding warrants for person
-no satisfactory ID
-prosecution of offense would be jeopardized by immediate release
-likelihood that offense/s would continue to resume, or safety of persons or property in danger
-arrestee demands to be taken before magistrate or refused promise to appear
-reason to believe person will not appear at time and place specifically noted