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151 Cards in this Set

  • Front
  • Back

US Constitution

The U.S. Constitution became effective in March 1789.

Bill of Rights

The first session of Congress proposed 10 amendments to the Constitution. These amendments are called the “Bill of Rights.”



Since 1791, 17 additional amendments have been proposed by Congress and ratified by the voters.

California Constitution

In 1850, California became the 31st state to enter the Union, adopting its own Constitution in 1879.



All the laws passed by the voters in the state must comply with the California Constitution, which is organized into articles that represent different subject matter areas

Officer Responsibility


(as it pertains to constitutions)

During the performance of their duties peace officers have a legal, moral and ethical responsibility to protect all of the rights afforded to a citizen by the United States and California Constitutions

Fourth Amendment

The Fourth Amendment to the U.S. Constitution provides that people, houses, and effects (belongings) shall be secure from unreasonable searches and seizures, and requires probable cause for the issuance of warrants.

Fourth Amendment -


Meaning for Peace Officers

The first part of the Fourth Amendment deals with the right of people to be free from unreasonable searches and seizures.



The second part defines procedures officers must follow when obtaining a warrant.

Reasonable Suspicion

Reasonable suspicion is the standard used to justify a detention.



It exists when an officer has sufficient facts and information to make it reasonable to suspect that criminal activity may be occurring, and the person to be detained is connected to that activity.

Probable Cause

Probable cause to arrest exists when the totality of the circumstances or "total atmosphere" of the case would cause 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.

Search

A search occurs when an expectation of privacy that society is prepared to consider reasonable is infringed upon by the government.

Seizure of a person

A seizure of a person occurs when a peace officer physically applies force to a person or when a person voluntarily submits to the officer’s authority.

Seizure of property

A seizure of property occurs when there is some meaningful interference with an individual’s possessory interest in that property by the government.

Fifth Amendment

The Fifth Amendment of the U.S. Constitution provides that individuals cannot be compelled to be a witness against themselves in a criminal case, may not be tried for the same offense twice, or be deprived of life, liberty, or property without due process of law.

Fifth Amendment -


Meaning for Peace Officers

Peace officers need to understand the relationship between a person’s right against self-incrimination and the Miranda decision.



NOTE: The Miranda right to counsel was established by the United States Supreme Court in 1966 protecting a subject’s Fifth Amendment right against self-incrimination.

Sixth Amendment

The Sixth Amendment to the U.S. Constitution guarantees people accused of a crime the right to:
• a speedy trial
• confront witnesses against them and obtain witnesses in their favor
• the assistance of counsel, during court proceedings

Sixth Amendment -


Meaning for Peace Officers

The Sixth Amendment entitles a person to counsel (i.e., an attorney) once adversarial judicial proceedings have commenced.



Adversarial judicial proceedings are considered to have commenced when the person is either indicted by a grand jury, or makes his or her first court appearance.



NOTE: This Sixth Amendment right to counsel is constitutional and was designed to help formally charged defendants defend themselves in court.

Fourteenth Amendment

Through its “due process and equal protection” clauses, the Fourteenth Amendment to the U.S. Constitution applies portions of the Bill of Rights to all states.

Fourteenth Amendment -


Meaning for Peace Officers

The Fourteenth Amendment requires peace officers to apply the law equally to all people regardless of race, creed, nationality, religious preference, or national origin.



NOTE: An illegal alien is entitled to equal protection under the 14th Amendment.

U.S. Code, Title 42, Section 1983

Civil action for deprivation of rights. Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.



This statute permits a civil rights suit seeking monetary damages to be awarded to anyone who proves, in a court of law, that they were deprived of some legal right through governmental action, that is, by a person acting under color of law.



Peace Officers could suffer monetary sanctions

Under color of law

Under color of law means an action carried out as if under the authority of law, but is actually done in violation of the law (e.g., peace officers or magistrates using their positions to act in an unlawful manner).

U.S. Code, Title 42, Section 1983 -


Meaning for Peace Officers

Peace officers are subject to this statute and can be held personally liable if, while acting under the color of law, they deprive or deny someone a legal right to which the person was entitled.

U.S. Code, Title 18, Section 241

Conspiracy against rights of citizens. If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; ... They shall be fined under this title or imprisoned not more than ten years, or both; ...



This law makes it a federal crime, punishable by a fine or imprisonment up to 10 years, or both:
• if two 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
NOTE: Conspiracy has different definitions under federal and state law.


U.S. Code, Title 18, Section 241 -


Meaning for Peace Officers

Peace officers can be prosecuted criminally if they conspire with other persons to deprive individuals of their legal rights and be incarcerated.

U.S. Code, Title 18, Section 242

Deprivation of rights under color of law. Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such inhabitant being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; ...



This law makes it a 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


U.S. Code, Title 18, Section 242 -


Meaning for Peace Officers

Peace officers can be prosecuted criminally if they apply a law unevenly because of a person’s color, race, or the fact that the person is an alien.

Penal Code Section 422.6(a)

Penal Code Section 422.6(a) is broader than U.S. Code, Title 18, Section 242. It does not limit the governmental agent to acting only under “color of law.” It includes additional categories of religion, ancestry, national origin, disability, gender, and sexual orientation that are protected from discrimination.



No person, whether or not acting under color of law, shall by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States because of the other person's race, color, religion, ancestry, national origin, disability, gender, or sexual orientation, or because he or she perceives that the other person has one or more of those characteristics.

Consensual encounter

A consensual encounter is a face-to-face contact with 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.

Consensual encounter -


Appropriate applications

Peace officers must be vigilant when contacting the public to ensure their actions do not elevate a consensual encounter into a detention.



Appropriate actions peace officers can take during a consensual encounter are:
• requesting information (including identification and personal information)
• interviewing witnesses at the scene of a crime or accident
• conversing casually
• disseminating information

Consensual encounter -


Non-cooperation

If people refuse to cooperate during a consensual encounter, the peace officer may not require them to do so.



People must be allowed to leave unless the officer has obtained or developed sufficient additional information which would justify detaining or arresting them.

Actions elevating consensual encounter to detention

Consequences of elevating consensual encounter without reasonable suspicion for detention

Elevating a consensual encounter by improper behavior can have negative legal and professional repercussions.



The peace officer could:
• violate the Fourth Amendment right against unreasonable searches and seizures, resulting in the suppression of evidence
• be civilly prosecuted for a violation of civil rights
• be criminally prosecuted for false imprisonment
• face agency disciplinary action

Detention

Peace officers may need to detain a person to investigate involvement in criminal activity. To be lawful, a detention must be based on reasonable suspicion that criminal activity has taken place, is taking place, or is about to take place, and that the person detained is connected to that activity.



A lawful detention requires reasonable suspicion of criminal activity.



A temporary detention or stop is an assertion of authority by a peace officer 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.



A detention of a person is limited in scope, intensity, and duration. It is less than an arrest and more substantial than a consensual encounter.

Reasonable suspicion

Reasonable suspicion 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.



Reasonable suspicion of criminal activity must exist to make a detention lawful.

Basis for reasonable suspicion

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



Reasonable suspicion cannot be based on a hunch or instinct. If reasonable suspicion is not properly established in a court of law, the case against the defendant may be dismissed or any evidence seized may be excluded from trial.

Reasonable suspicion - contributing factors

Some factors that contribute to establishing reasonable suspicion are:
• 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)


• time of day (unusualness)
• location of the stop (near crime scene, known criminal activity in area)
• officer training and experience (modus operandi, expertise in certain area such as narcotics or gang activity)
NOTE: Flight by itself does not establish (reasonable suspicion) and can not justify a detention.

Role of a reliable source

Peace officers can use information from others to investigate possible criminal action and detain those involved in that action.



Information which triggers investigative action does not need to come from a source of proven reliability.



A tip may support a detention if the surrounding circumstances make the information believable or if the reliable sources identity is known.



A purely anonymous tip will normally not provide a sufficient basis to detain although it can be if there is sufficient collaboration or other indications of reliability.



Additionally, if the tip provides information or a person who poses a grave or more immediate risk to the public, such as driving under the influence, the detention can be upheld.

Investigative actions during detention

Once officers have stopped or detained a person, they may take whatever investigative actions are reasonable under the circumstances to determine the person’s possible participation in a crime.



Common investigative actions include:
• questioning the person about identity and conduct
• contacting other individuals (e.g. witnesses) to confirm explanations, verifying identification, or determining whether the person is wanted (warrant check)
• checking premises, examining objects, or contacting neighbors or other individuals to determine whether a crime (e.g., burglary) actually occurred
• bringing the victim to the suspect for identification purposes

Length of detention

A detention must be temporary and last no longer than is necessary to resolve the reason for the stop. A detention legal at its beginning can become an illegal arrest if extended beyond what is reasonably necessary under the circumstances.



Often what officers see and hear during a detention (evasiveness, nervousness, conduct, property) will increase their suspicion, justify a longer detention, lead to investigation of a different offense, or possibly even provide probable cause for arrest.



If the person answers all questions about the suspicious circumstances satisfactorily, so that suspicion decreases or disappears, the person must be released.

Transporting a person during detention

The person usually will be considered under arrest if transported, without consent, by a peace officer to a different location. Because of this, officers must be careful before transporting a detained person. Officers should not transport a person during a detention unless:
• the detainee gives permission
• it is impractical to bring the witness/victim to the detainee’s location
• the conditions of the detention are dangerous to the person
• the conditions of the detention are dangerous to the officer(s)
• independent probable cause exists to arrest the subject

Refusal to answer questions during detention

A detainee is not obligated to answer any questions an officer may ask during a lawful detention. The refusal to answer questions alone does not provide probable cause for escalating a detention to an arrest.



NOTE: A person who flees from a lawful detention or intentionally gives misleading/incorrect answers may be arrested for violating Penal Code Section 148 (resisting, delaying, or obstructing any officer), provided that the action delayed or obstructed the investigation. Not answering questions, however, is not a violation of law.

Penal Code Section 148

Resisting, delaying, or obstructing any officer

Searches and seizures during detention

Usually, searches are not permitted during a detention. If officers have a factual basis to suspect that the person is carrying a concealed weapon, dangerous instrument or an object that can be used as a weapon, the officers are justified in conducting a cursory/pat search to protect the officers from an assault.

Scope of a cursory/pat search

Cursory/pat searches are allowed to protect officers from an assault, but only if there are specific facts that cause the officers to feel endangered.
• The scope of such a search is limited only to:
- a frisk of the outer clothing
- locate possible weapons
- a pat search is not a search for evidence or contraband



Once the officers realize an object is not a weapon, or an object that can be used as a weapon, the officers may not further manipulate the object; they must move on. Any additional feeling, grabbing, or manipulating of the item is outside the scope of a cursory/pat search for weapons and will be considered an illegal search

Search and seizure during detention - Conditions

Peace officers must be able to articulate specific facts which caused them to reasonably believe the person might be carrying a weapon or dangerous instrument.



The following factors may support reasonable suspicion to believe the person may be carrying a weapon or pose a danger:
• person’s clothing (e.g., a bulge in clothing, or wearing a heavy coat on a hot night)
• person’s actions (e.g., trying to hide something or being overly nervous)


• prior knowledge of person for carrying weapons or of violent behavior
• isolated location so officers are unlikely to receive immediate aid if attacked
• time of day (e.g., a dark, moonless night may increase likelihood that the officer may be attacked)
• reason for detention (e.g., serious, violent, or armed offense)
• a similar cursory/pat search of a detainee’s companion revealed a weapon
• ratio of individuals to officers

Discovery

If officers discover an object during a cursory/frisk which officers believe is a weapon, dangerous instrument, or hard object which could contain or be used as a weapon, the officers have a right to remove it from the person



• Legal objects that could be used as a weapon (e.g., screwdriver, pocket knife).


- The officer may remove it, keep it until the detention has concluded, then return it to the subject.


• A container that is capable of containing a weapon or dangerous instrument.


- The officer may remove and open the container.



If contraband is discovered during the weapons frisk, the officers should seize it, ask appropriate questions, place the person under arrest, and conduct a full custody search.

Use of force/physical restraint during detention

If a person attempts to leave during a detention, officers may use reasonable force and/or physical restraints to compel the person to remain.



The use of force does not necessarily elevate the detention to an arrest.



Uncooperative individuals may be:
• handcuffed, and/or
• placed in a patrol vehicle

Arrest

Taking a person into custody, in a case and in the manner authorized by law. (Penal Code Section 834)

Probable Cause for Arrest

Probable cause for an arrest is 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. Probable cause is required before an arrest is made and is based on the totality of the circumstances.



Facts required to establish probable cause may include, but are not limited to:
• direct investigation or reports
• circumstantial evidence
• second-hand statements from reliable sources



Probable Cause for Arrest as it relates to the 4th Amendment

The Fourth Amendment of the U.S. Constitution requires probable cause to make arrests and/or conduct searches because searches or arrests conducted without probable cause infringe on a person’s privacy.



An arrest is considered a full seizure of a person under the Fourth Amendment because it takes away a person’s liberty. Federal and California law establishes the authority to arrest and the information that must be provided to a person being arrested.


Reasonable suspicion
vs. probable cause

Probable cause is a higher standard of suspicion than reasonable suspicion. However, factors that contribute to establishing reasonable suspicion can also be used to establish probable cause, or it can escalate into probable cause.


Reasonable suspicion
vs. probable cause - examples

Possible influence of alcohol or drugs versus Illegal level of intoxication



Actions/words/demeanor during detention versus Self-incrimination, contraband



Erratic driving behaviors versus DUI, contraband



Pat search for weapons versus Possession of illegal weapons or contraband



Possible connection to burglary versus Discovery of stolen property

Probable cause - Officer training and experience

Peace officers’ expertise is part of the equation for determining probable cause.



For officers versed in a specific field of law enforcement, an activity which might otherwise appear innocent may provide probable cause to a trained eye

Difference between an arrest and a detention

An arrest is the taking of a person into custody, in a case and in the manner authorized by law. Custody is the key word; it implies the person making the arrest has full control.



A 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.

Elements of a lawful arrest

An arrest may be made by a peace officer or private person.
Penal Code Section 834



The arrested person must be taken into custody, in a case and in the manner authorized by law.
Penal Code Section 834



An arrest may be made by actual restraint of the person, or by the person’s submission to the officer’s authority.
Penal Code Section 835



Reasonable force may be used to make an arrest, prevent escape, or overcome resistance.
Penal Code Section 835a

Penal Code Section 834

An arrest may be made by a peace officer or private person.



The arrested person must be taken into custody, in a case and in the manner authorized by law.

Penal Code Section 835

An arrest may be made by actual restraint of the person, or by the person’s submission to the officer’s authority.

Penal Code Section 835a

Penal Code Section 835a authorizes peace officers to use force that is reasonable and necessary to make an arrest, prevent his escape, or overcome resistance.

Penal Code Section 836

Penal Code Section 836 establishes the legal basis for an arrest by peace officers.



When an arrest can be made.



Officers may make an arrest:



• pursuant to a warrant



• without a warrant
- whenever they have probable cause to believe the person to be arrested has committed a public offense (felony or misdemeanor) in their presence;
- when the person arrested has committed a felony, although not in the officer’s presence;
- whenever they have probable cause to believe the person to be arrested has committed a felony, whether or not a felony has in fact been committed.





Warrant arrests for misdemeanors must be made between the hours of 6 a.m. and 10 p.m. unless the warrant is endorsed for nighttime service.

In the officer’s presence

In the officer’s presence is liberally construed by the courts to include what is apparent to the officer’s senses, such as hearing, sight, and smell.



Also, the officer can enhance his or her senses by using certain devices or objects, such as binoculars, a flashlight, a dog, a telephone, etc. However, the United States Supreme court has ruled the warrantless use of some thermal imaging devices constitutes a search.

Penal Code Section 841

Penal Code Section 841 requires that any person making an arrest must convey certain information to the person arrested at the time of the arrest. The three things that must be explained are, intent, cause, and authority.

Information required at time of arrest - intent

The arresting person must tell the individual that he or she is being arrested.

Information required at time of arrest - cause

The arresting person must state the reason for the arrest (e.g., an outstanding warrant, or the name of the offense).

Information required at time of arrest - authority

- A non-uniformed officer must show identification.
- A uniformed officer and/or marked car satisfies this requirement (no ID required).
- A private person must state his or her authority to make the arrest.

Information required at time of arrest - exceptions

There are two situations when the arresting person is not required to provide the individual with the intent, cause, and authority of the arrest.



These are when the individual to be arrested is:
• actually committing the offense
• attempting to escape

Conditions for warrantless felony arrests

Peace officers may make a warrantless felony arrest whenever they have probable cause to believe the person to be arrested has:
• committed a felony in the officer’s presence (Penal Code Section 836(a)(1))
• committed a felony, although not in the officer’s presence (Penal Code Section 836(a)(2))
• committed a felony, regardless of whether or not the felony was, in fact, committed (Penal Code Section 836(a)(3))

Conditions for warrantless misdemeanor arrests

Peace officers may make a warrantless misdemeanor arrest whenever they have probable cause to believe the person to be arrested committed the misdemeanor in their presence. (Penal Code Section 836(a)(1))



The officer may make a warrantless arrest if there is probable cause even though a misdemeanor was not committed in the officers presence in the following circumstances:



• committed by a juvenile (Welfare and Institutions Code Section 625)



• any of the following seven violations:
- driving while under the influence (Vehicle Code Sections 40300.5 and 40600)
- carrying a loaded firearm on an individual’s person or in a vehicle while in any public place or on any public street (Penal Code Section 25850(a))
- violating a domestic protective or restraining order, when the officer was responding to a call alleging the same (Penal Code Section 836(c)) (Mandatory arrest)
- committing an assault or battery on a spouse, cohabitant, or a parent of their child (Penal Code Section 836(d))
- committing an assault or battery on school property while school is in session (Penal Code Section 243.5)
- committing an assault or battery against a working firefighter, emergency medical technician, or mobile intensive care paramedic (Penal Code Section 836.1)
- carrying a concealed firearm at an airport (Penal Code Section 836(e)(1)(2))

Penal Code Section 840

Warrantless arrests for felonies may take place at any time of day or night on any day of the week.

Time of arrest - Warrantless arrests for misdemeanors or infractions

Warrantless arrests for misdemeanors or infractions must be made between the hours of 6 a.m. and 10 p.m. (Penal Code Section 836), unless the person:
• commits the crime in the officer’s presence
• is arrested in a public place
• is already in custody pursuant to another lawful arrest



NOTE: A public place is a location readily accessible to all those who wish to go there including law enforcement. A key consideration is whether a member of the public can access the place “without challenge.” Thus, a property with a locked fence is not readily accessible. Other things, such as, dogs in yard show public is not welcome.

Arrests - Exemption from prosecution

Officers acting within agency policy and lawful scope of their authority are protected from prosecution for false arrest or imprisonment for both warrant and warrantless arrests.

Arrest warrant

An arrest warrant is a written order signed by a magistrate which directs and commands a peace officer to arrest the person named in the warrant for the offense named in the warrant.



In order to obtain an arrest warrant, the officer must establish probable cause. This is usually done through a sworn statement (affidavit) filed as part of the formal complaint process.



Absent consent, exigencies, parole, or searchable probation, an arrest warrant is necessary to lawfully enter a dwelling to make an arrest.

Arrest warrant contents

Arrest warrants are required by Penal Code Section 815 to contain the following information:
• 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
• amount of bail

Pre-complaint warrants

Pre-complaint warrants (also known as Ramey warrants) are an alternative to the complaint/warrant procedure. Pre-complaint warrants contain the same information as other arrest warrants and are also issued based on sworn statements (affidavits) establishing probable cause.

Penal Code Section 817

Penal Code Section 817 allows a peace officer to obtain an arrest warrant before a criminal complaint has been filed.



Pre-complaint warrants

Obtaining a pre-complaint warrant

The process for obtaining a pre-complaint warrant includes the following actions:
• the peace officer makes a written or oral statement of probable cause (affidavit)
• a magistrate evaluates the information in the affidavit to assess whether probable cause for arrest exists
• upon the magistrates finding of probable cause, an arrest warrant is issued
• the subject named in the warrant is arrested
• a criminal complaint may subsequently be filed pursuant to Penal Code Section 849

Time of arrest - Warrant arrests for felonies

Warrant arrests for felonies may be made at any time of day or night on any day of the week. (Penal Code Section 840)

Time of arrest - Warrant arrests for misdemeanors

Warrant arrests for misdemeanors must be made between the hours of 6 a.m. and 10 p.m. unless the warrant is endorsed for nighttime service. (Penal Code Section 840)

“Knock and notice”

Knock and notice means that before entering a dwelling to make an arrest, with or without a warrant, officers must give notice to the person inside. (Penal Code Section 844). A private dwelling can be any place the person resides (not just houses or apartments) or areas of a business not open to the general public.



Before entering a private dwelling to make an arrest, an officer needs lawful access.



Simply because an officer can see an object in plain view from a lawful location does not automatically mean the officer may legally enter private property without a warrant to seize it, even if the object is obviously contraband or evidence of a crime.



Lawful access to private property is most commonly obtained when the:
• officer’s entry is based on consent
• officer’s entry is based on exigent circumstances, for example, a reasonable belief that the evidence will be destroyed if entry is delayed in order to obtain a warrant
• an officer has lawfully entered the area for some other purpose (e.g., to conduct a parole or probation search, or an administrative or regulatory search, etc.)


Penal Code Section 844

Knock and notice means that before entering a dwelling to make an arrest, with or without a warrant, officers must give notice to the person inside. (Penal Code Section 844)

Knock and notice procedure

Peace officers must follow the prescribed procedure for knock and notice:
• announce their presence
• identify themselves as peace officers
• state their purpose
• demand entry
• wait a reasonable amount of time (based on circumstances)
• if necessary, forcibly enter premises

Knock and notice exceptions

Under certain circumstances, an officer may enter a dwelling without complying with knock and notice requirements.



These circumstances are:
• at the scene the officer is given consent to enter
• when exigent circumstances exist
• the officer possesses a “no knock” warrant

Exigent circumstances

Exigent circumstances exist when there is:
• hot pursuit
• an imminent threat
• to life (including the officer’s)
• to property (e.g., smell of natural gas)
• of the suspect’s escape
• of the destruction of evidence or contraband

Private Person Arrests

A private person may arrest an individual for any public offense (felony, misdemeanor, or infraction) committed in their presence.



In addition, a private person may arrest an individual if a felony actually has been committed and the arresting person has probable cause to believe the individual committed the felony.



A private person is authorized to make both felony and misdemeanor arrests. (Penal Code Sections 834 and 837).



The conditions under which private person arrests can be made are similar to peace officer arrests regarding the use of force and the information that must be supplied to the arrested person. (Penal Code Section 841)

Penal Code Section 847

According to Penal Code Section 847, when making a private person arrest, the person is, without unnecessary delay, required to:
• take the person before a magistrate
• deliver the arrested person to a peace officer

Private person - searches and seizures

The Fourth Amendment protects citizens from unreasonable searches and seizures by government personnel or their agents.



The Fourth Amendment does not apply to a private person.



Evidence obtained as a result of searches and seizures by a private person will not normally be suppressed.



NOTE: A private person can make warrantless entries only for felonies.

Private Person Arrests - Officer refusing to receive or arrest person charged with offense

Penal Code Section 142(c) states: “This section shall not apply to arrests made pursuant to section 837, (arrests by private persons).”

Private Person Arrests - disposition

After an officer “receives” someone who has been arrested by a private person, the private person has no further say in the matter. The officer has three different ways to proceed, as indicated in the table below.



Release
Release the person, unconditionally, if the officer is satisfied there are insufficient grounds for filing a criminal complaint. (Penal Code Section 849(b)(1))
NOTE: A release under this section must be documented with a signed certificate indicating the arrest will be deemed to have been a detention. (Penal Code Sections 849(c) and 851.6)



Issue a citation


The officer can issue a citation (signed promise to appear) if the arrest was for a misdemeanor, if the arrestee does not demand to be taken before a magistrate, and none of the statutory reasons for denying release exist. (Penal Code Section 853.6(i))
NOTE: Depending on agency policy, the private person may be required to sign as the “arresting party.”



Take the arrested person to a magistrate


The officer can take the person “to the nearest or most accessible magistrate,” (Penal Code Section 849(a)), if one is available. Otherwise, the officer can take the person to jail for booking and either bail or arraignment and then file a criminal complaint.

Private Person Arrests - Exemption from prosecution

An officer who “receives” an arrested person may not be held civilly liable for false arrest or imprisonment. (Penal Code Section 836.5)

Use of Force/Physical Restraint During an Arrest

Individuals are not permitted to resist arrest by peace officers because they can take legal and/or civil action for a false arrest. Some individuals do resist arrest, and peace officers may have to use physical restraints



Penal Code Section 835a authorizes peace officers to use force that is reasonable and necessary to make an arrest, prevent escape, or overcome resistance.

Disposition of the Arrestees

Statutes provide different means of handling or “disposing” of arrestees, depending on the nature of their offenses (infraction, misdemeanor, or felony) and the manner of arrest (warrant or warrantless).

Disposition of arrestees - Compliance with
warrant

If the arrest is made pursuant to a warrant (felony or misdemeanor), the arresting officer must proceed with the arrestee as commanded in the warrant. (Penal Code Section 848).



For misdemeanors only, this may include cite and release or transport to jail. (Penal Code Section 827.1)

Penal Code Section 848

If the arrest is made pursuant to a warrant, the arresting officer must proceed with the arrestee as commanded in the warrant. (Penal Code Section 848)

Disposition of arrestees - Infractions

A person arrested for an infraction is normally cited and released, although the arrestee must sign a written promise to appear. (Penal Code Section 853.5)



A person arrested for an infraction may be taken into custody if he or she fails to present satisfactory identification, refuses to sign the written promise to appear, or if any of the exceptions listed in Penal Code Section 853.6 exist.

Disposition of arrestees - Warrantless misdemeanor arrests and release

Penal Code Section 853.6 requires, with some exception, that a person arrested without a warrant for misdemeanor offenses be cited and released in lieu of custody.



Once arrestees sign a written promise to appear or post a bail bond, they are released.

Disposition of arrestees - Warrantless misdemeanor arrests and release -


Exceptions to misdemeanor cite and release

Whenever any person is arrested by a peace officer for a misdemeanor, that person shall be released according to the procedures set forth by this chapter unless one of the following is a reason for non-release, in which case the arresting officer may release the person, or the arresting officer shall indicate, on a form to be established by his or her employing law enforcement agency, which of the following was a reason for non-release: (Penal Code Section 853.6(i)):
• the person arrested was so intoxicated that he or she could have been a danger to himself or herself or to others
• the person arrested required medical examination or medical care or was otherwise unable to care for his or her own safety
• the person was arrested under one or more of the circumstances listed in Sections 40302 and 40303 of the Vehicle Code
• there was one or more outstanding arrest warrants for the person
• the person could not provide satisfactory evidence of personal identification
• the prosecution of the offense or offenses for which the person was arrested, or the prosecution of any other offense or offenses, would be jeopardized by immediate release of the person arrested
• there was a reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be imminently endangered by release of the person arrested
• the person arrested demanded to be taken before a magistrate or refused to sign the notice to appear
• There is reason to believe that the person would not appear at the time and place specified in the notice. The basis for this determination shall be specifically stated
• the person was subject to Section 1270.1

Disposition of arrestees - Domestic violence/
abuse exceptions

Officers are required to take the person before a magistrate, rather than cite and release, if the arrest:
• is for a misdemeanor violation of a protective court order involving domestic violence as defined in Penal Code Section 13700
• is pursuant to agency policy for responding to domestic violence calls per Penal Code Section 13701

Disposition of arrestees - Warrantless arrest
releases

When officers arrest a person without a warrant for a felony or misdemeanor and the person is not otherwise released, the officers must take the person “to the nearest or most accessible magistrate,” (Penal Code Section 849(a)), if one is available. Otherwise, the officers must take the person to jail for booking and either bail or arraignment and the filing of a criminal complaint.



However, Penal Code Section 849(b) lists three situations where an officer may release a person who was arrested without a warrant. Those situations exist:
• when there are insufficient grounds for criminal complaint
• when the person was arrested for intoxication only and no further proceedings are desirable
• when the person was arrested only for being under the influence of a controlled substance or drug, is delivered to a treatment facility or hospital, and no further proceedings are desirable

Disposition of arrestees - Probable cause determination

Individuals arrested without a warrant must be given a judicial determination of probable cause within 48 hours after the arrest, including weekends and holidays

Disposition of arrestees - Phone calls

After being booked, and within three hours of being arrested, an arrested adult must be allowed to make at least three completed phone calls. (Penal Code Section 851.5)



Juveniles shall, immediately after being taken to a place of confinement and, except where physically impossible, no later than one hour after being taken into custody, be advised of their right to make at least two telephone calls. (Welfare and Institutions Code 627 (b))



Any officer who deprives an arrested person of the right to make telephone calls is guilty of a misdemeanor. (Penal Code Section 851.5(f))

Disposition of arrestees - Visitation privileges

After a person has been arrested, any attorney licensed to practice law in California, upon the request of the arrested person or the arrested person’s relatives may visit any time of the day or night. Any officer who willfully refuses to allow an attorney to visit can be charged with a misdemeanor and “shall forfeit” $500 to the aggrieved party. (Penal Code Section 825(b))



A physician, surgeon, or an attorney who is employed by the arrested person in preparation for the defense is allowed to visit at any time. (Penal Code Section 825.5)

Immunity

Exemption from a duty or penalty

Diplomatic agent

Official appointed by a government to reside in a foreign country to represent the political interests of citizens of the appointing country.

Consular officer

Official appointed by a government to reside in a foreign country to represent the commercial interests of citizens of the appointing country.

Consular service staff

People who work for the consular officer in a foreign country

Diplomatic immunity

There are various levels of diplomatic immunity for foreign diplomats in the United States.



Those with full diplomatic immunity may not be prosecuted for any crimes they commit. Those without full immunity may be arrested and prosecuted.

Stale misdemeanor

Exists when an adult commits a misdemeanor in another person’s presence (including a peace officer) and the person fails to arrest the adult within a reasonable time thereafter.



A reasonable time thereafter normally means the person must have been in continuous fresh pursuit of the individual until the arrest is made. If no arrest is made during that time, the individual can no longer be arrested without an arrest warrant.



If an officer sees an individual after that time, the officer may detain the individual and gather information for a warrant. A private person can make a complaint to a peace officer which may result in a warrant.

Statute of limitations

Suspects for most crimes must be arrested within a certain time limit called the statute of limitation, as shown in the chart below.



most misdemeanors = one year
most felonies = three years
crimes punishable by death or life imprisonment = no limit
sex crimes, crimes against children, and others = can vary according to the crime



NOTE: Even though the statute of limitation has expired, this does not preclude the officer from conducting an investigation, notifying detectives, or seeking advice from a district attorney.

The Miranda Warning

Minimally, the following advisements must be provided to a person subjected to custodial interrogations.



• You have the right to remain silent.
• Anything you say may be used against you in court.
• You have the right to an attorney before and during questioning.
• If you cannot afford an attorney, one will be appointed for you free of charge, before questioning, if you wish.

Miranda v. Arizona

In the 1966 case of Miranda v. Arizona, the U. S. Supreme Court set forth a series of “procedural safeguards,” now known as Miranda admonishments.



Before suspects who are in custody may be interrogated, they must be informed of, and waive their rights to:
• remain silent
• the presence of an attorney before and during questioning

Purpose of Miranda warning

The Fifth Amendment of the U.S. Constitution states that:



No person . . . shall be compelled in any criminal case to be a witness against himself.



In Miranda vs. Arizona (1966), the United States Supreme Court ruled that unless certain warnings are given to the suspect first, any statement made during custodial interrogation will be viewed as “compelled” because of the inherently coercive atmosphere that exists and that statement(s) would be inadmissible in a court room proceeding.



The Supreme Court set forth four advisements known as the Miranda warning, which a peace officer must give to a person at the start of custodial interrogation.

When the Miranda Warning is Required

The Miranda warning and a valid waiver of those rights are required before any custodial interrogation.



Custody and interrogation must both exist before the Miranda warning is necessary.



CUSTODY + INTERROGATION = NEED FOR THE MIRANDA WARNING



(unless it's a juvenile, then custody = miranda)

Custody

Custody means a formal arrest or its “functional equivalent.” It is objectively determined by the totality of circumstances. People are in custody for Miranda purposes when they have been:
• actually placed under arrest
• subjected to the kinds of restraints associated with a formal arrest (e.g., handcuffs, guns, lockups, etc.)



NOTE: Because there is no “custody” (actual arrest or equivalent restraints), the Miranda warning is not required before interrogating a person who has been detained, for example, during a routine traffic stop, even though the person is not free to leave.

Interrogation

Interrogation occurs when a peace officer:
• engages in direct/express questioning of a person about a crime
• uses words or conduct reasonably likely to elicit an incriminating response from a person



Not all questioning is “interrogation.” For example, routine booking questions are not interrogation. Neither are casual comments by custodial officials

When the Miranda Warning is Not Required

The Miranda warning is not required unless both custody and interrogation exist at the same time. In the absence of formal arrest or equivalent restraints, Miranda custody does not exist.



Without interrogation, peace officers are not required to give a person their Miranda rights, even if there is custody. Without custody, the officers need not give the Miranda warning, even if they are about to interrogate the person.

Volunteered statements

Statements volunteered by a person, and not as a direct result of interrogation by the peace officer, are not affected by Miranda. Statements may be volunteered in any setting, such as:
• during a consensual encounter
• during a detention
• during an arrest
• during the booking process
• during forensic testing or transportation
• after the person has invoked the Miranda right(s)

Privilege against self-incrimination

The Fifth Amendment privilege against self-incrimination applies to testimonial communication only.



This privilege is not violated by requiring the person to provide:
• handwriting samples
• voice samples for analysis
• body fluids or other samples for analysis



In addition, this privilege is not violated if the person is asked to:
• model articles of clothing
• participate in a lineup
• submit to routine fingerprinting
• repeat a statement for voice identification

Consequences of not administering Miranda

Peace officers need to realize that if they fail to follow the Miranda procedures, any statement they may obtain during custodial interrogation may be inadmissible against the person at the criminal trial to prove guilt.

Miranda - Elements

There are three elements in the Miranda process. They are:
• advisement of the Miranda warning by the officer
• understanding of the warning by the person
• waiver or invocation of the Miranda rights (silence and counsel) by the person

Miranda - process

The person must understand all four advisements of the Miranda warning. To determine this, the officer can ask the person about understanding after each advisement or ask one time after each advisement has been given. Once a person has acknowledged their understanding of the warning, they must go on to either waive (give up) their Miranda rights or invoke one or both of them.



Warning
Includes informing a person of:
- the right to remain silent,
- the fact that any statement made may be used against them in court,
- the right to have an attorney present before and during any questioning, and
- the fact that an attorney will be provided if the person cannot afford one.



Understanding
A person must understand the meaning of each advisement.



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.

Miranda - Waivers

Giving up Miranda rights.



Only if a valid waiver is obtained will answers to questioning be admissible in court. A waiver can be either expressed or implied, but must always be knowing and voluntary

Miranda - Validity of waiver

For a waiver to be knowing, the person must have fully comprehended the four advisements, that is, must understand the nature of the rights he is giving up and the consequences of waiving them. (“Knowing” and “intelligent” both have this same definition and express a single concept.)



For a waiver to be voluntary, it must be the result of a free and deliberate choice and not the result of coercion, i.e., any force, threats, or promises of leniency (whether express or implied), or any kind of tricks, cajoling, or “softening up” by the peace officers. If a waiver is ruled involuntary, any statements obtained afterward will not be admissible at trial to prove guilt.

Miranda - Expressed waiver

Answers yes/no question about going forward with the questioning.

Miranda - Implied waiver

Acknowledges understanding the advisements, and exhibits conduct indicating waiver of rights.

Miranda - Conditional waiver

Acknowledges understanding the advisements and is willing to go forward, but places a limitation/ qualification on answering questions.

Miranda - Invoke

Assert their Miranda rights.

Miranda - Invoking Miranda rights

A person may invoke the right to silence or the right to counsel only at the time of, or during, police custodial interrogation. Unless custody and interrogation both exist at the same time, there are no Miranda rights to invoke.



However, if these conditions both exist and the person invokes either the right to silence or the right to counsel, Miranda requires that all interrogation must cease.



Some differences between these two rights exist concerning how they are invoked and whether the peace officer may later try to reinitiate interrogation.



NOTE: Miranda rights are personal to the person and may not be invoked by anyone else on his or her behalf, including an attorney or a parent.

Miranda - right to remain silent

The right to remain silent may be invoked by any words or conduct which reflect an unwillingness to discuss the case.



Once a person invokes the right to silence, Miranda requires that all interrogation must cease. However, there are circumstances where reinitiation by the peace officer may produce an admissible statement. These circumstances include:
• a period of time has gone by, and
• the officers have some new information, and/or
• the officers want to ask about a different crime.



In any such “try again” situation, there would have to be full readvisement per Miranda and a valid waiver, with no pressure from the officer.

Miranda - right to counsel

Unlike the right to silence, a person's invocation of the Miranda right to have an attorney present or to speak to an attorney can only be invoked by a clear and express request for an attorney.



Once the Miranda right to counsel has been asserted, all interrogation must cease. There are no circumstances, except for the actual presence of the attorney, where reinitiation by the officer is proper for as long as the person remains in custody. This is true even where officers from a different agency wish to interrogate the person about a different crime.

Miranda - When a suspect reinitiates questioning

Because Miranda rights are personal, suspects may change their mind. For example, suspects may reinitiate or express a desire to make a statement, even though they earlier invoked the right to silence or counsel.



Under such circumstances, the officer should:
• re-admonish the person with Miranda warnings
• obtain a valid express waiver
• then interrogate further
• make a verbatim account of the reinitiation and any statement given

Miranda - Documentation

Because of the different reinitiation rules, peace officers should always document whether a person has waived or invoked their right to silence or their right to counsel. This will protect other officers from inadvertently reinitiating contact with the person and possibly violating Miranda’s requirements.

Miranda - Juveniles in custody

Miranda applies the same to minors as adults. The courts have found no difference in application. A juvenile does not have the right to have an adult present, and any request for one is not automatically either an invocation of the right to silence or the right to an attorney.



However, California has a statute (Welfare and Institutions Code Section 625) that requires an officer to give Miranda warnings “in any case where a juvenile is taken into temporary custody.” This requirement exists even when the juvenile is not going to be interrogated. If the minor is not going to be interrogated, the statute does not require that the minor understands the warnings or any waiver of rights, but rather just the advisements

Welfare and Institutions Code Section 625

The officer may make a warrantless arrest if there is probable cause even though a misdemeanor was not committed in the officers presence in the following circumstances:
• committed by a juvenile

Exception to the Rule of Miranda

There is one exception to the general Rule of Miranda when a person is in custody and about to be interrogated. It is known as the public safety or emergency rescue exception, and it is based on exigent circumstances.



Exception to the Rule of Miranda - Public Safety

No Miranda warning is necessary, even though a person is in custody, if the officer who is about to ask incriminating questions (interrogate) is motivated by a concern for someone’s safety.



The concern for safety can be for the victim, the defendant, some third person, the public at large, or the officer’s own safety. Courts view this exception rather narrowly.

Interview

An interview is the process of gathering information from a person who has knowledge of the facts that an officer will need to conduct an investigation.

Crime Scene Interviews

Interviews are conducted at the scene of a crime in order to obtain and document information needed to:
• determine if a crime has taken place
• identify and locate victims and witnesses
• identify possible suspects
• generate a crime broadcast to dispatch

Interviews vs. interrogations

Interviews


• The process of questioning non-suspects such as victims or witnesses (who typically are willing to cooperate).


• Should take place at the crime scene.



Interrogations


• The process of questioning suspects (who often may be unwilling to provide information to investigating officers).
• Questions or conduct reasonably likely to elicit an incriminating response.


• More than likely takes place as part of a follow-up investigation.

Crime Scene Interviews - preparation

Be physically and mentally prepared.
• Become well acquainted with the circumstances surrounding the crime.
• Determine the number, role, and priority of the people who should be interviewed (i.e., victim, witness, suspect, etc.).
• Develop an interview plan of questions that should be asked to establish the facts of the incident (i.e., who, what, when, where, why, how).
• Organize equipment that will be needed to document the interviewee’s statements (e.g., notebook and pencil, tape recorder with charged batteries and blank cassettes).



Separate the involved parties.
• If possible, move the person, with his or her consent, to a location where there will be no interruptions or distractions.
• Focus the person’s attention on speaking with the officer rather than on interacting with others.



Establish rapport.
• Tell the interviewee why the interview is being conducted.
• Describe the interview process that will be followed.
• Assure the person that by using this process, the officer will be able to gather that person’s statement accurately.
• Be courteous, considerate, and patient.
• Control the interview by remaining calm and polite.

Crime Scene Interviews - listening actively

Ask the person to recount what has happened.
• Allow the person to speak freely.
• Have the person describe the incident just as that person understands it, using that person’s own words.



Keep the person focused.
• If the person should begin to wander from the specific topic, guide the person back to the subject (e.g., “You mentioned that....” “Let’s go back to...”).
• Maintain eye contact and use nonverbal gestures (e.g., nodding the head) to encourage the person.



Listen carefully to what is being said.
• Be particularly attentive to the essentials of the incident as described by that person including, but not limited to, the:
- role of the person being interviewed (victim, witness, etc.)
- type of crime, if any, that has been committed
- time of the occurrence
- exact location of the person during the crime or incident

Crime Scene Interviews - Ask questions and take notes

Obtain identification information.
• Confirm the person’s role in the event or incident (e.g., victim, witness, possible suspect, etc.).
• Note the person’s:
- complete name
- address and phone number (home and work)
- any other information necessary for identification purposes



Ask the interviewee to repeat that person’s account of what happened.
• Guide the interview by asking questions that will keep the person from becoming distracted and wandering from the point.
• Stop the person and ask questions when necessary to clarify points.
• Write down information in short statements.
• If a statement is particularly important, have the person repeat it until it is captured entirely in field notes.



Ask additional questions.
• Obtain descriptions of property, suspects, etc.
• Ask the individual if that person would like to add any additional information.

Crime Scene Interviews - Recording the interview

Some officers may choose to use a small tape recorder while conducting an interview. Officers should be aware that this may inhibit the person from talking freely. Electronic equipment can also malfunction, leaving the officer with little or no information.



Even if an officer is recording the interview, that officer should also take thorough and complete notes of the interview.

Crime Scene Interviews - Verify information

Review information with the person.
• Repeat specific information to verify that the information is accurate and complete.
• Give the person an opportunity to add facts as necessary.



Ask for confirmation.
• Have the person confirm important details such as:
- direct quotes
- time relationships
- information regarding weapons
- physical descriptions



Make modifications or corrections as necessary.
• Information may have been initially recorded incorrectly because the officer:
- misunderstood the interviewee’s statement
- inadvertently wrote something down incorrectly
- may have incorrectly characterized the interviewee’s statement



Verify changes.
• Once any changes have been made, the information that has been added or modified should be verified

Crime Scene Interviews - close the interview

At the end of each interview, the interviewing officers should thank the individual for that person’s time and cooperation. Officers may also choose to explain any further actions that may be taken during the investigative process.
NOTE: For additional information regarding field interviews, note taking, and report writing, refer to LD 18: Investigative Report Writing.

Crime Scene Interviews - Additional sources of information

During the investigation of a crime, it is imperative that the investigating officer gather as much relevant information as possible.



To supplement crime scene interviews or when conducting a follow-up investigation, additional information may be obtained from:
• physical evidence
• public and private records and other documents
• informants

Interrogation

An interrogation means any questioning or conduct that is reasonably likely to elicit (produce) an incriminating response from a suspect (i.e., perpetrator or accomplice).



Although, it is possible to “interrogate” a suspect at the scene before the suspect has been arrested, handcuffed, or otherwise placed in “custody,” interrogation more commonly takes place after the suspect has been taken into custody, typically as part of a follow-up investigation.



When a suspect is both in “custody” and about to undergo “interrogation,” then Miranda comes into play.

Interrogation - Purpose

An interrogation serves a number of different purposes:
• obtaining an admission or confession
• identifying individuals involved in a crime
• establishing a person’s guilt
• corroborating the facts of a crime
• obtaining information that could lead to the recovery of evidence or property

Interrogation - Confession vs. admission

A peace officer who conducts an interrogation must have a clear understanding of the difference between a confession and an admission.



Confession -
the commission of all of the elements of a crime.



Admission -
certain facts that tend to incriminate the individual, but fall short of a confession

Interrogation - Inadmissible statements

A confession is the most compelling evidence of a suspect’s guilt. However, a confession or admission that violates the person’s constitutional protections and statutory requirements can be ruled inadmissible as evidence and greatly jeopardize the state’s position.



The U.S. Supreme Court has upheld the inadmissibility of statements (i.e., confessions, admissions) that were obtained in violation of the following four amendments to the U.S. Constitution.



A confession or admission may be inadmissible in a court of law if the...



• arrest and statement was the result of an illegal search and seizure, such as an improper entry, unreasonable detention, etc.


(4th Amendment)



• statement was obtained during custodial interrogation carried out in violation of any Miranda requirements, such as without a complete advisement of rights, or without a valid waiver of rights


(5th Amendment)



• statement was obtained in violation of charged defendant’s right to be assisted by counsel, such as by initiating interrogation about the charged crime outside the presence of defense counsel of a defendant who has already been to court and obtained a lawyer to represent him or her.


(6th Amendment)



• Statement was involuntary, i.e., was coerced by the government as the result of:
- physical force or threats
- express or implied threats
- express or implied promises of leniency
- overbearing psychological pressure


(14th Amendment)



Interrogation - Preparation

Prior to conducting an interrogation, officers should take the time to prepare themselves and form a strategy for obtaining incriminating information.
In the course of this preparation, officers should:
• read all case reports so as to be thoroughly familiar with the:
- crime scene
- evidence collected
- earlier statements
• learn as much as possible about the individual to be interrogated


• decide on an interrogation technique to begin with (understanding that other techniques may be used during the interrogation as well)
• prepare a list of key questions that refer to the:
- elements of the specific crime
- actions taken by the individual
- intent and motive for those actions

Interrogation - location

To control all outside influences on the individual to be questioned, the interrogation should take place in a room that is:
• soundproof
• isolated from any other activity
• well lit (but not with glaring lights)
• furnished with a minimum of furniture and no distracting decorations
• secure and protected from interruptions
• connected to outside areas by a buzzer or intercom system

Interrogation - obtaining a statement

The goal of an interrogation is to obtain an incriminating statement from the suspect.
When the interrogating officers detect that the suspect is ready to talk openly and honestly, the officers should continue with the technique being applied along with additional tactics to bring the interrogation to a successful conclusion.
The interrogating officers may:
• increase the intensity of the questioning
• sum up all lies or contradictions already expressed by the suspect
• move closer to the suspect to gain his or her confidence



Most importantly though, interrogating officers should never indicate in any way that their attitude has been anything but sincere, no matter which techniques have been employed

Interrogation - Use of subterfuge

Subterfuge is the use of deception or falsehoods as a tactic when interrogating a suspect. In contrast, coercion is the use of force (mental or physical), threats, or overbearing psychological pressure to deprive a suspect’s free choice to admit, deny, or refuse to answer.



The use of subterfuge by an officer during an interrogation is permissible as long it as does not cause an innocent person to confess.



Subterfuge may include:
• falsely telling a suspect that he or she have been positively identified by a witness and it does not cause a suspect to make a false confession. The use of subterfuge may play on a suspect’s individual fear and sense of guilt to the point of the suspect making a willing admission or confession.



Coercion may include:
• falsely telling a suspect that members of his/her family will be held accountable if he/she does not confess to a crime.

Interrogation - Involuntary confessions

An involuntary confession or statement is one that results from the use of coercion and therefore is not admissible in court for any purpose.



Unlike statements obtained in violation of Miranda, an involuntary confession may not be used as evidence to impeach witnesses or in any other way against the accused individual.