Ld 15 Laws Of Arrest

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The US constitution became effective in

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March 1789

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Fourth amendment

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Free from unreasonable searches and seizures

Procedures that must be followed when obtaining a warrant

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Reasonable suspicion

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Standard used to justify a detention.existsvwhen an officer has sufficient facts to make it reasonable to suspect that criminal activity may be occurring, and the person to be detained is connected to that activity

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Probable cause

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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

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Search

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Occurs when an expectation of privacy that society is prepared to consider reasonable is infringed upon by the government

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Seizure of a person

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Occurs when a peace officer physically applies force to a person or when a person voluntarily submits to the officers authority

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Seizure of property

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Occurs when there is some meaningful interference with an individuals possessory interest in that property by the government

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Fifth amendment

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Due process

Freedom from self incrimination

-Freedom double jeopardy

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Sixth amendment

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Speedy trial

Confront witnesses against them and obtain witnesses in their favor

Right to council

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Fourteenth amendment

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Due process and equal protection under all laws

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Consensual encounter

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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

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Detention

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-requires reasonable suspicion of criminal activity

-bot free to leave

-with factual basis to suspect that the person is carrying a concealed weapon, or instrument that could be used as a weapon. Officers can conduct a Pat down search

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Arrest

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Taking person into custody, in a case and in the manner authorized by law

-probable cause for arrest is a set of facts that would cause s reasonable person to believe the person has committed a crime

- second hand statements from reliable sources are Included

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Three things that must be explained at the time of an arrest

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Intent- arresting person must tell the individual that he or she is being arrested

Cause-must state reason for arrest

Authority- non uniform -offiver must show identification. Private person must state his or her authority

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Arrest warrant

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A written order signed by a magistrate which direct scans commands a peace officer to arrest the person named in the warrant for the offense named in the warrant

-felony warrants may be served any time

-misdemeanor between 6 am and 10 pm unless night time service is warranted

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Pre complaint warrants

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

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Knock and notice

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Before entering a dwelling to make an arrest, with or without warrant, officers must give notice to the person inside

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Immunity

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an exemption from a duty or penalty

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Consular officer

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

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Diplomatic agent

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

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Consular service staff

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People who work for the consular officer in a foreign country

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Stale misdemeanor

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When an adult commits a misdemeanor in another person's presence and the person fails to Arrest the adult within a reasonable amount of time after

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Miranda warning

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Is necessary when they are in custody and about to be interrogated

- right to remain silent

-any thing you say can and will be use against you in a court of law

-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

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Custody means

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Formal arret or its functional equivalent. Determined by the totality of the circumstances

-actually placed under Arrest

-dirrcted to kinds of restraints associated with a formal arrest

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Interrogation

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Occurs when a peace officer

- engages in direct/express questioning of a person

-uses words or conduct reasonably likely to elicit an incriminating response from a person

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Expressed waiver

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Answers yes or no question about continuing with 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 waiver

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

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Exception to Miranda rule

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public safety or emergency rescue exception-based on exigent circumstances-officer is motivated by concern of someone's safety

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Interview

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Process of gathering information from a person who has knowledge of the facts that an officer will need to conduct an investigation

-determine if a crime has taken place

-identify and locate victims and witnesses

-identify possible suspects

- generate crime broadcast to dispatch

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Confession

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Commission of all 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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Subterfuge

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Use or deception of falsehood as a tactic when interrogating a suspect

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Coercion

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Use of force mental or physical, threats, or overbearing psychological pressure to deprive a suspects free choice to admit, deny, or refuse to answer

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Involuntary confession

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Or statement vthat results from use of coercion and therefore is not admissable in court for any purpose