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33 Cards in this Set
- Front
- Back
4th amendment and officer responsibilities in laws of arrest
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If peace officers are not able to show probable cause, an arrest or search may be invalid, and the resulting evidence may be excluded.
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5th amendment and officer responsibilities in laws of arrest
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Peace officers need to understand how the Miranda decision protects a person's right against self-incrimination.
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6th amendment and officer responsibilities in laws of arrest
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Once this right attaches (indictment or first court appearance) and the person is represented by counsel, peace officers are prohibited from initiating interrogation of the person about the charged crime, except in the presence of counsel.
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14th amendment and officer responsibilities in laws of arrest
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14th amendment requires peace officers must:
-apply the equally to all people, and -treat them the same regardless of race, creed, nationality, religious preference, or national origin. |
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Deprivation of Civil rights Under Color of Law
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U.S. Code, Title 42, Section 1983
-individuals acting under color of law who deprive someone of any legal right can be held civilly liable. |
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Conspiracy against rights of citizens
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U.S.C. Title 18, Section 241
A federal crime punishable by a fine or imprisonment up to 10 years or both. -2 or more persons -conspire to injure, oppress, threaten, or intimidate any person, -for doing anything that the person had a legal right to be doing -or because the person previously exercised any such legal right. |
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Deprivation of Right Under Color of Law
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U.S.C. Title 18, Sec 242
Federal crime, punishable by a fine or imprisonment up to one year or both. -for any person, acting under color of any law, -to willfully deprive any person of any legal right, -or to subject any person to a different punishment or penalty, -based on that person's color, race, or citizenship status. |
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Deprivation of Civil Rights
CA State Law |
422.6(a)
Broader than U.S.C. Title 18, Sec 242 -Basically the same, but does not limit the governmental agent to acting only under "color of law". It also includes religion, ancestry, national origin, disability, gender and sexual orientation. |
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Appropriate conduct during consensual encounter
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-Gather information
-Interviewing witnesses at the scene of a crime or accident -Conversing casually -Disseminating information |
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Conduct that may elevate a consensual encounter
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-Using emergency lights
-placing the peace officer or the office's vehicle so as to prevent the person or car from leaving -Issuing orders or commands -Using accusatory questions or tone of voice -Conducting patdown searches w/o legal justification -Demanding and/or keeping a person's ID |
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Consequences of elevating a consensual encounter
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-Violation of 4th amendment rights
-Civil prosecution for violation of civil rights -Criminal prosecution for false imprisonment -Departmental disciplinary action |
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Reasonable suspicion
Def |
is when a peace officer has enough facts and circumstances present to make it reasonable to suspect that criminal activity is occurring and the person detained is connected to that activity.
R.S of criminal activity must exist to make a detention lawful. |
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Basis for Reasonable Suspicion
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Reasonable Suspicion may be based on observation, personal training and experience, or information from eyewitnesses, victims, or other officers (totality of circumstances).
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Contributing Factors to Establish Reasonable Suspicion
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-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) |
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Elements of lawful arrest
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1. Made by a peace officer or private person (PC 834)
2. Arrestee must be taken into custody (PC 834) 3. Restrain of the person, or submission to officer's authority (PC 835) 4. Reasonable force may be used (PC 835a) |
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Information required at time of arrest
PC 841 |
1. INTENT-arresting person must tell the individual that he or she is being arrested.
2. CAUSE-arresting person must state the reason for the arrest 3. AUTHORITY- -a non-uniformed officer must show ID -private person must state his/her authority |
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Time of arrests for warrantless misdemeanors
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0600-2200
UNLESS THE PERSON: -commits the crime in the officer's presence, -is arrested in a public place, or -is already in custody pursuant to another lawful arrest |
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elements of a warrantless felony arrest
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Probable cause exists that the person to be arrested:
-committed the felony in the presence of the officer -committed a felony, though not in the officers presence -committed a felony, regardless of whether or not the felony was, in fact, committed. |
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Time of arrest for warrantless felony arrest
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any time of day or night on any day of the week
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arrest warrant info required by PC 815
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-name of the defendant
-crime the defendant is suspected of committing -time the warrant is issued -city or county where the warrant is issued -signature of the issuing authority with the title of office -name of the court or other issuing agency, and -amount of bail |
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Pre complain warrants
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-Ramey warrants
-alternative to the complain/warrant procedure -contain the same info as other arrest warrants -based on sworn statements (affidavits) establishing Probable Cause |
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Process for obtaining pre complain warrant
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-peace officer makes a written or oral statement of PC. (affidavit)
-magistrate evaluates info in the affidavit to assess wether PC for arrest exists -if magistrate finds PC, arrest warrant issued -subject named in warrant is arrested -a criminal complaint may subsequently be filed |
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time of arrest for warrant arrests
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Felonies- any time of day or night on any day of the week
Misdemeanors- between hours of 0600-2200 -unless endorsed for night time service |
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Knock and notice
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before entering a dwelling to make an arrest, with or w/o a warrant, officers must give notice to the person inside.
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Knock and notice procedure
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-announce presence
-ID themselves as peace officers -state their purpose -demand entry -wait a reasonable amount of time (based on circumstances) -if necessary, forcibly enter premises |
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Knock and notice exceptions
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-at scene, officer is given consent to enter
-exigent circumstances -officer possesses a "no knock" warrant Exigent circumstances -hot pursuit -imminent threat -to life -to property -suspect's escape -destruction of evidence or contraband |
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Private person arrest
PC 834&837 |
-private persons authorized to make felony and misd arrests
-use of force and info given to suspect similar to those of peace officer |
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Private person arrest required actions
PC 847 |
-take the person before a magistrate
OR -deliver the person to a peace officer |
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Private searches and seizures
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-4th amendment does not apply to private persons
-evidence obtained by private person searches not normally suppressed -private person may make warrantless entrIes for felony only |
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Disposition of arrestee pursuant to warrant
PC 848 |
must proceed with the arrestee as commanded in the warrant.
-for misdemeanors only, may include cite and release or transport to jail |
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Dispo for infractions
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-normally cited and released, must sign written promise to appear PC 835.5
MAY BE TAKEN INTO CUSTODY IF: -fails to present satisfactory ID -refuses to sign written promise -or any exceptions in 853.6 |
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Warrantless misdemeanor arrest and release dispo
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-may be cited and released PC 853.6
-sign written promise to appear or post bail bond |
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Exceptions to misdemeanor cite and release
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-arrestee so intoxicated danger to self/others
-requires med care/exam otherwise unable to care for own safety -arrested for 1+ violation for VC 40302,40303 -1+ outstanding warrants for person -no satisfactory ID -prosecution of offense would be jeopardized by immediate release -likelihood that offense/s would continue to resume, or safety of persons or property in danger -arrestee demands to be taken before magistrate or refused promise to appear -reason to believe person will not appear at time and place specifically noted |