LD 15 (T)

Reasonable suspicion

Standard used to justify that criminal activity is occurring, is about to occur, or has occurred and grounds for detention.

Probable cause

Standard used to justify the totality of circumstances for arrest and search and is guilty of a crime.

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

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

Under the color of law

An action carried out as if under the authority of law, but is actually done in violation of the law (eg police officers or magistrates using their positions to act in an unlawful manner)

TITLE 42 SECTION 1983 CIVIL ACTION FOR DEPRIVATION OF RIGHTS

- Willfully deprives a person of any constitutional rights
- liable for civil damages
-punitive damages

TITLE 18 SECTION 241 CONSPIRACY (2 PEOPLE)

against rights of citizens. If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any state. FEDERAL CRIME.

TITLE 18 SECTION 242 CONSPIRACY (1 PERSON)

deprivation of rights under color of law.

Consensual encounter

Contact between a private person and a peace officer under the circumstances that would cause a reasonable person to believe that they are free to leave or otherwise go about their business. Must be free and voluntary contact.

Detention

requires reasonable suspicion of criminal activity

Fourth Amendment

People, houses, and effects (belongings) shall be secure from unreasonable searches and seizures, and requires probably cause for the issuance of warrants.

Fifth Amendment

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 the law.

Sixth Amendment

Guarantees a speedy trial, an opportunity to confront witnesses, and the right to counsel during court proceedings.

Fourteenth Amendment

Guarantees due process and equal protection under the law.

Miranda right to counsel

Given to a suspect before the interrogation and after custody. Custody and Interrogation must exist for Miranda rights.

Under the color of law deprivation of rights

An action carried out unevenly based on color, race, or the fact that the person is an alien. Can be charged as a federal crime punishable by a fine or imprisonment up to one year, or both.

California definition under the color of law

Extends as well to religion, ancestry, national origin, disability, gender, and sexual orientation.

Reasonable suspicion justifies a ...?

Detention

Probably cause justifies a ...?

Search and arrest.

Use of force

During a detention a peace officer may use reasonable force to carry out lawful duties such as putting handcuffs on or putting the suspect in the patrol car. Does not mean they are under the arrest.

Arrest

Has to have probable cause and is made by an actual restraint of a person or by the person's submission to the officer's authority.
Detention plus movement more than incidental.

Elements of arrest

Authority + Custody

Exceptions to arrest rule

Consent;
probable cause to arrest already exists;
victim or witness cannot be moved;

Force used to arrest

Reasonable force may be used to make an arrest, prevent an escape, or overcome resistance.

Use of deadly force

May not use deadly force in response to a case involving strictly property crime;
must be able to articulate GBI to an officer or a third person;
warning is possible.

Peace officer power to arrest with a warrant for misdemeanors

Must be made between 6 am and 10 pm unless crime committed in officer's presence OR suspect is arrested in public OR suspect is already in custody pursuant tp a lawful arrest.

8 exceptions to a warrantless misdemeanor arrests.

DUI;
carrying a loaded firearm on person or in vehicle while in public place;
violating a TRO when responding to such call;
242 battery on spouse, cohabitant, parent of his or her child, fiance, dating;
242 battery when committed on school property when s

Stale misdemeanors

Exists when an adult commits a misdemeanor and is not arrested within a reasonable time thereafter.

Private person arrest

Cannot make an arrest pursuant to a warrant;
may arrest when one commits or attempts to commit a misdemeanor in presence;
arrest for a felony if a felony actually has been committed and the arresting person has PC to believe that the individual committed

Private person arrest disposition of prisoner

Must deliver without the unnecessary delay to a peace officer or a magistrate.

Actions an officer can take when receiving an arrest made by a private person.

Release;
Issue a citation;
Take the arrested person to a magistrate or to a jail.

Time of day for arrests

Felony any time of the day or night.
Misdemeanors only between 6 am and 10 pm unless:
committed in officer's presence OR is arrested in public OR in already in custody pursuant to arrest.

Information required at the time of arrest

Intent to arrest;
Cause of the arrest;
Authority to arrest.
EXCEPT
when actually committing a crime and attempting to escape. 841 PC

Arrest warrant

Written order signed by a magistrate which directs and commands a peace officer to arrest the person names in the warrant for the offense in the warrant.

Arrest warrant content

Name of the defendant;
Crime the defendant is suspected of committing;
Time the warrants 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

Pre-complaint warrants AKA Ramey warrants

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

Knock and Notice

Before entering a dwelling to make an arrest, with or without a warrant, officer must give notice to the person inside. Any place where a person resides including areas of a business not open to the general public.

Knock and Notice exceptions

At the scene the officer is given consent to enter;
When exigent circumstances exist;
The officer possesses a "no knock' warrant.

Entry of dwelling to make an arrest

Knock and announce:
announce presence;
identify selves as peace officers;
state purpose;
demand entry;
wait a reasonable amount of time and if necessary forcibly enter.

Domestic violence/abuse exception

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;
is pursuant to agency policy for responding to domestic viol

Probable cause determination

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

Phone calls

Adult - within three hours three phone calls.
Juveniles - within an hour must be advised of their right to make at least two phone calls.
An officer who deprives an arrested person of their right will be guilty of misdemeanor.

Immunity from arrest

a diplomatic agent;
a consular officer;
consular officer staff.

Subterfuge

Use of deception or false hoods as a tactic when interrogating a suspect.

Coercion

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.

Involuntary confession

Statement that results from the use of coercion ad therefore is not admissible in court for any purpose.

Confession

The admission of all elements of a crime.

Admission

Certain facts that tend to incriminate the individual, but fall short of a confession.

834 PC

- an arrest may be made by a peace officer or PP
- The arrested person must be taken into custody, in a case and manner authorized by law.

835 & 835 (a) PC

835 - An arrest may be made by actual restraint of the person or by person's submission to officer's authority
835(a) - reasonable force may be used to make an arrest, prevent escape or overcome resistance.

Warrantless arrest for Felonies

Felony arrest whenever there is probable cause
- committed a felony in officer's presence
- committed a felony NOT in officer's presence
- Committed a felony regardless of whether or not felony was committed.

Stegald Rule

Entry into a 2nd party residence

Warrantless Arrest Releases

PC 849(b) lists three situations where an officer may release a person who was arrested without a warrant:
- when there are insufficient ground for criminal complaint
- when the person was arrested for intoxication only and no further proceedings are desi

Interrogation

- 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.