No
Can individuals use their homes as a place of refuge for criminals?
You must have Reasonable Suspicion
What is required for an Officer to justify a detention?
Reasonable Suspicion
Totality of a set of facts. This is reached when an officer has sufficient articulable facts and information making it reasonable to suspect a crime is occurring or about to occur and the person to be detained is connected to the criminal activity
You must have probable cause
What is the standard required to justify an Arrest?
Probable Cause
Occurs when the totality of evidence and the circumstances (or total atmosphere) of a set of circumstances 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
A search occurs when....
A level of governmental infringement or intrusion upon an expectation of privacy that society is prepared to consider reasonable
A seizure of a person occurs when..
An application of physical force by a peace officer, or a person voluntarily submits to the officers authority
A seizure of property occurs when...
There is meaningful interference with an Individuals possessory interest in that property
US code, title 42, section 1983
A deprivation of a legal right of a citizen or anyone in that jurisdiction through governmental action by a person acting under the color of the law
US Code, Title 18, section 241
Two or more people that conspire to injure, oppress, threaten or intimidate any person for doing anything that person had a legal right to do and that right is secured by the constitution
US code, Title 18, section 242
Any person acting under the color of any law to willfully deprive any person of a legal right or subject someone to a diff punishment or penalty based off race, color or citizenship status
Under the color of the law
Refers to an action carried out as if under the authority of the law but is actually done in violation of the law
PC 422.6
A misdemeanor to interfere with a persons rights bc of color, race, religion, ancestry, disability,gender or sexual orientation. This applies whether or not you are acting under the color of the law
Consensual Encounter
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 with LE Officers
Things that occur during a consensual encounter
- Request ID or other personal Info -Interviewing of witnesses -disseminate info -casually talk to members of public
Things that elevate consensual encounters
-Code 3 lights -blocking/obstructing a person or vehicle from leaving or feeling like it can leave -accusatory tone -commanding or issuing orders -conduction nonconsensual search or cursory pat down -demanding ID -keeping an ID after it is presented
Elevating consensual encounters can lead to...
Violation of 4th Amend �Suppression of Evidence �dismissal of Criminal case �civil/Criminal prosecution of officer �criminal prosecution of false imprisonment �disciplinary action by department
Detention of a Person
This is temporary, less restrictive than an arrest, more restrictive than a consensual encounter, and is limited in duration, scope and intensity. Causes a reasonable person to believe they are not free to go.
Reasonable Suspicion Standard
Uses the objective perspective of a reasonable officer
Ways to establish Reasonable Suspicion
�person appears intoxicated �driving behavior indicative of DUI or other CVC's �running from a crime scene � PO Training �persons demeanor or behavior �unusual time of day �subject matches description of a wanted person �criminal history of a person �furt
At the point where your Suspicion clears up or decreases
When must you release a person from detention?
Procedures of a Detention
�questioning suspect �ID of person detained �contact witness/victim � warrant check � verify the detained's Personal info � FSTs � field show up to confirm or eliminate suspect � confirmation of alibi or explanation � confirmation that crime was committed
No
Is a detainee obligated to answer your questions?
No
Is a detainee's refusal to answer your questions alone provide probable cause to escalate to arrest?
Yes
If a detainee violates PC 148 during a detention does that provide probable cause to elevate a detention to an arrest?
Not usually. Only with consent, you can Pat/Cursory search for Officer Safety purposes
Are searches and seizures allowed during a detention?
If facts exist that can hinder officer safety or PO has reason to believe the person detained is carrying a weapon or something that can be used as a weapon
When is a Pat/Cursory search ok during a detention?
�to guide a person back to detention location � to control the subject (handcuffs) � placing subject in patrol car � if a person runs away, or struggles or is in violation of PC148 (then elevate to arrest)
What are Reasons to use restraints or use of force during a detention?
Definition of an arrest
The taking of a person into custody, in a case and in the manner authorized by law.
This when a PO may arrest a person
In obedience to a warrant � w/o a warrant when officer has probable cause to believe a person committed public offense in his presence � person arrested committed a felony not in his presence � probable cause to believe felony was committed whether or not
You violate the 4th Amendment
Which Amendment are you violating if you arrest someone without Probable Cause?
Things that form probable cause
�Police Reports �Direct Evidence �Circumstantial Evidence �Investigation �Observation �suspect and/or Witness statements �your training and experience
Times an Arrest Can Occur
�obedience of a warrant �without a warrant when: an officer has probable cause to believe a Misd. Or Felony has occurred in Officers presence; when person arrested commits felony although not in your presence; when probable Cause leads you to believe pers
Times a warrantless misdemeanor arrest is ok
�Suspected DUI � person may destroy evidence� a person carrying a loaded firearm in public or vehicle� violation of protective order� person commits assault or battery on school property, to fianc�, spouse, child, etc � assault or battery on an on duty fi
All day, everyday
What time of day can you arrest someone for a Felony?
Between 10pm and 6am (with exceptions)
Between what times can you not arrest someone for an infraction or misdemeanor?
Exceptions to 10pm-6am Misd. Arrest rule
-arrest is made in public-arrest is made when person is already in custody pursuant to another lawful arrest-obedience to a warrant that states an arrest can be made any time day or not- person committed public offense in your presence- person to be arres
Yes, To prevent escape or overcome resistance
Can an officer use use of force during an arrest and why?
Things A person making an arrest must inform the person to be arrested of:
The intention to arrest-the cause of arrest and the persons authority to make an arrest
Rules you must follow for arrest or detention of a foreign national for longer than 2 hours
-you must notify their nations consulate and inform them of their right to communicate with an official from their consulate (always do this regardless of time they are being held)
Arrest Warrant
-A signed judges order to LEO directing/commanding them to arrest and bring to court, the person named in the warrantDA or LeO must make a signed sworn statement to obtain an arrest warrant- the warrants are based on probable cause-
Content of a warrant
-the name of person to be apprehended-name of issuing judge-signature of issuing authority-name of court or issuing authority-date and time of issuance-city&county warrant is issued in-time and day of issuance-bail amount-the offense charged-the duty of a
Ramee Warrant
This is known as a probable cause Warrant.
Definition of Ramee Warrant
A peace officer makes a sworn statement of probable cause to seek a warrant before a criminal complaint is filed. If judge is satisfied that probable Cause exists that offense occurred and defendant described has committed offense, they may issue the Rame
Lawful access
What do you need to be able to enter a dwelling to make an arrest?
These are considered lawful access to enter dwelling
-consent to enter-exigent circumstance exist at time of entry- you've already entered for some other lawful purpose
You do a "knock and notice
What must you do to give proper notice prior to entering a dwelling with or w/o a warrant
These are requirements of knock and notice
-announce our presence -verbally ID ourselves as LEO- state our purpose- Make demand to enter- wait a reasonable amount of time for occupant to comply
-circumstances-size of dwelling-cooperation or noncooperation of occupant- refusal of our request to enter-exigent or emergency circumstances (you can force entry at this point)
After knock and notice a reasonable amount of time to comply is:
These are exceptions to knock and notice
Exigent/emergency circumstances -Judge endorsed a "no knock" Warrant-we are given consent to enter- a "hot pursuit"- imminent threat to life- suspect armed himself- imminent threat to property (fire, gas leak, etc)-you believe evidence is being destroyed