Ld 15 Laws Of Arrest Masaki

1789 oldest in world

-1791 first 10 amendments Bill of Rights

-27 total amendments

-peace officers have responsibility to protect all the rights afforded by the US Constitution

-authority to arrest and deprive a person of freedom is a serious and sensitive power given to peace officers by the people with full faith, consent, and understanding that it is to be used judiciously, fairly, and under the strictest of limitations.

-provides that people, houses, and effects shall be secure from unreasonable searches and seizures, and requires probable cause for issuance of warrants.

-the standard used to justify detention, 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 to arrest exists when the totality of the circumstances of the case would cause a person of ordinary care and prudence to entertain a strong and honest suspicion that the person to be arrested is guilty of a crime.

-provides that individuals can not be compelled to be a witness against themselves.

-may not be tried twice for the same offense

-not deprived of life, liberty, or property without due process of the law.

-not held for capital, or otherwise infamous crime unless presentment or indictment of a grand jury, except in cases from land or naval forces, or militia.

-The Miranda right to counsel was developed by the US Supreme court in 1966 protecting a subject's Fifth Amendment right against self- incrimination.

-once this right attaches (indictment or first court appearance) and a person is represented by counsel, peace officers are prohibited from initiating interrogation about the charged crime without presence of counsel.

-guarantees the accused of a crime the right to:

-a speedy trial by impartial jury

-confront witnesses them and against and obtain witnesses in their favor

-the assistance of counsel

-be informed of the accusation

-due process and equal protection

-requires officers to apply the law equally to all people regardless of race, creed, nationality, religion, or national origin

-permits a CIVIL rights suit seeking $ to be awarded to anyone who can prove, in court of law, they were deprived of legal right through government action by a person acting under the color of the law.

-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.

-punishable by fine or imprisonment up to 10 yrs

-Peace officers can be prosecuted criminally if they deprive individuals of their legal rights

-federal crime, punishable by fine or up to one year imprisonment, or both:

-for any person, acting under the color of any law

-to willfully deprive any person of any legal right

-or subject any person to different punishment or penalty

-BASED ON THAT PERSON'S COLOR, RACE, OR CITIZENSHIP STATUS

-broader than U.S. Code, Title 242

-does not limit acting under "color of the law"

-includes religion, ancestry, national origin, DISABILITY, GENDER, SEXUAL ORIENTATION protected from discrimination

end of chapter one

-face to face contact 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 officer is in a place they have a legal right to be.

-Fourth Amendment right to unreasonable seizure (of a person)

-suppressed evidence

-civil prosecution

-criminal prosecution

-agency disciplinary action

-requires reasonable suspicion

-cause reasonable person to believe they are not free to leave due to physical restraint unequivocal verbal commands, or other conduct by officer

-limited in scope, intensity, and duration

-when an officer has enough fact and circumstance to make it reasonable to suspect that criminal activity is/has/will be occurring and that person is connected to that activity.

-can be based on observation, information from witnesses and victims, or others. Totality of the circumstances.

-CAN NOT be based on hunch or instinct

-intoxicated, resemblance to wanted person

-hiding objects, furtive movements, running from scene

-suspicious driving behaviors

-knowledge of person's "history"

-non-responsive, nervous behavior

-True

-flight could simply be running

-must be from a crime scene

-or in a "hot spot"

-or coupled with another reason for suspicion

-information which triggers a detention does not need to come from a reliable source, as long as there is sufficient collaboration.

-a tip MAY support a detention if surrounding circumstances make the information believable or if source's reliability is known.

-if tip involves immediate risk the detention can be upheld (ie driving under the influence)

-officer may take whatever investigation actions are REASONABLE under the circumstances to determine a person's possible participation in the crime

-questioning

-verifying ID

-verifying the crime (interviewing witnesses)

-bringing victim to detainee for ID purposes

-if person answers all questions satisfactorily, suspicion is decreased or disappears the person must be released.

-detainees can be considered under arrest if transported unless

-detainee gives permission

-it is impractical to bring witness to detainee

-conditions are dangerous to detainee/officer

-fleeing from a detention or giving false info gives cause to arrest for 148 PC

-not answering questions by itself does NOT give cause to escalate detention into arrest.

-officer must be able to articulate a reason for suspicion of weapon or dangerous instrument to conduct a cursory search

-can not search for contraband

-bulge in clothing, or nervous actions, violent reason for detention, dangerous situation for officer, search of companion reveals weapon can support reason for a cursory search.

-reasonable force may be used to detain

-force does not necessarily elevate detention to arrest

-detainees may be handcuffed, placed in patrol vehicle.

end of chapter 3

-taking a person into custody in a case and in the manner authorized by law.

-must be based on probable cause.

-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, based on the totality of the circumstances.

-arrest can be made by an officer or private person. 834 PC

-arrestee must be taken into custody in a case and in the manner authorized by law. 834 PC

-arrest may be made by actual restraint or the person's submission to the officer's authority. 835 PC

-Reasonable force may be used to make an arrest, prevent escape, or overcome resistance 835(a) PC

-arrest is custody and full control.

-detention is limited in scope, intensity, and duration

officers may make an arrest

-pursuant to a warrant

-without a warrant when

--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 not in the officer's presence

--when there is probable cause to believe the person has committed a felony, whether or not a felony has been committed.

-what is apparent to the officer's senses (hearing, sight, smell)

-may use enhancing devices such as binoculars, flashlight, dog, phone.

-some devices like thermal imaging are too invasive and would constitute a search. (not allowed for "in officer's presence")

-requires that a person making an arrest convey certain information to the individual arrested at the time of the arrest.

-intent-to arrest

-cause-reason for arrest

-authority-ID, uniform or marked car, private persons authority (CA Penal Code)

peace officer arresting or detaining a foreign national for more than 2 hours must advise right to contact consulate, agency must notify the consulate.

two situations when not required to provide individual with intent, cause, authority

-actually committing the offense

-attempting to escape

-person has committed a felony in the officer's presence 836(a)(1) PC

-person has committed a felony NOT in officer's presence 836(a)(2)

-committed a felony, regardless of whether or not the felony was, in fact committed 836(a)(3)

-officer has probable cause to believe the person committed a misdemeanor in their presence 836(a)(1)

-not committed in officer's presence by juvenile W&I 625

-DUI VC 40300.5 VC 40600

-carrying a loaded firearm on person or in vehicle in public place 25850(a) PC

-violating domestic protective or restraining order, when on call alleging the same 836(c) PC MANDATORY ARREST

-committing assault or battery on spouse, cohabitant, parent of child 836(d) PC

-committing assault or battery on school property while school is in session 243.5 PC

-committing assault or battery against firefighter, emergency tech 836.1 PC

-carrying a concealed firearm in an airport 836(e)(1)(2)

True

840 PC

6 a.m. - 10 p.m. 836 PC

unless the person:

-commits the crime in the officer's presence

-is arrested in public (place where public is welcome)

-is already in custody pursuant to another lawful arrest

-name of defendant

-crime

-time issued

-city or county issued

-signature of issuing authority

-name of court or issuing agency

-amount of bail

-consent

-exigencies

-parole or searchable probation

817 PC

-felony 24/7 840PC

-misdemeanor 6 a.m.-10 p.m. unless endorsed for night service 840 PC

-consent

-exigent circumstances

-entry for other lawful purpose

-entry with warrant and knock notice

-"no knock" warrant

with or without warrant

-entry into a private dwelling, business not open to public

-announce

-identify

-state purpose

-demand entry

-wait reasonable time

-forcibly enter if necessary

-hot pursuit

-imminent threat:

-to life

-to property

-of suspect's escape

-of destruction to evidence or contraband

-felony, misdemeanor, infraction if committed in the private persons presence.

-felony, if private person believes a felony has been committed, and probable cause that the suspect person committed the felony.

-private persons must comply with same use of force rules as well as inform of intent, cause, and authority

-must take to magistrate/ officer

-private person may make warrantless entries for a felony

-evidence seized by a private person not normally suppressed.

-release the person unconditionally, insufficient grounds 849(b)(1)

(release with signed certificate as detention)

-issue a citation for misdemeanor (arrestee can demand to see magistrate) 853.6(i) private person may need to sign as arresting party

-take arrested person to magistrate, or jail 849(a)

True

836.5 PC

officer's can use reasonable force to effect an arrest, overcome resistance, or prevent escape

-officer must proceed with the arrestee as commanded by the warrant 484 PC

-misdemeanors, this may include cite and release 827.1 PC

-cited and released

-sign a promise to appear

-853.5 PC

-custody if failure to provide ID or sign promise to appear 853.6 PC

-cited and released

-sign promise to appear

-853.6 PC

-dangerously intoxicated

-required medical examination or care

-VC 40302 40303

-one or more outstanding warrants

-no ID

-prosecution jeopardized by immediate release

-reasonable likelihood the offense would continue, or imminent danger to people or property

-arrestee demanded to see magistrate or refused to sign promise to appear

-reason to believe person would not appear per the notice

-subject to 1270.1

-misdemeanor for protective court order involving domestic violence 13700 PC

-agency policy for domestic violence 13701 PC

-for felony or misdemeanor and not otherwise released

-take to magistrate 849(a)

-jail for booking, bail, arraignment, file complaint

-insufficient grounds

-intoxication only and no further proceedings are desirable

-when arrested for being under influence, delivered to treatment facility or hospital and no further proceedings are desirable

-within 3 hours of being arrested(after being booked), 3 calls 851.5 PC

-juveniles, 2 calls within 1 hour of custody W&I 627

-depriving arrestees of phone calls is misdemeanor 851.5(f)

-attorneys requested by arrestee or family24/7

-officer denial misdemeanor $500 825(b) PC

-physician, surgeon, attorney 24/7 825.5 PC

-when an adult commits a misdemeanor and is not arrested within a reasonable amount of time (after fresh pursuit)

-can no longer be arrested without a warrant

-misdemeanors 1 year

-felonies 3 years

-crimes punishable by death or life no limit

-sex crimes etc. can vary

-fifth amendment

-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 can not afford an attorney, one will be appointed for you free of charge, before questioning if you wish.

custody AND interrogation

-are considered to be VOLUNTEERED statements and are not affected by Miranda

- do not protect from

-handwriting samples

-voice samples

-body fluids

-lineup

-fingerprints

-etc

-after Miranda rights have been read AND understood

-they may waive or invoke the two rights of silence and counsel

-waiver must be KNOWING AND VOLUNTARY

-waiver can be expressed, implied, or conditional

-may only be invoked by the arrestee, not family or counsel

-a period of time has passed AND

-there is new information AND/OR

-officer wants to talk about a different crime

Miranda rights and waiver should be renewed

true

-same as for adults

-juveniles do not have right to an adult present

-Miranda must be given to juvenile for any custody (temporary included)

-Public Safety or Emergency Rescue exception

-no Miranda warning is necessary if the questions are motivated by imminent threat to anyone's (public, victim, witness, suspect, officer) safety.

-determine if a crime has taken place

-identify and locate suspects, victims, and witnesses

-generate a crime broadcast to dispatch

-become acquainted with circumstances surrounding the crime

-know all the playas (witnesses, victims, suspects, etc) and the priority in which they should be interviewed

-plan the questions

-have recording equipment prepared. (recorders, notebooks, pen pencil etc.)

-separate the IP's (involved parties)

-establish rapport, describe process, remain calm and professional

-listen while asking witness to recount what happened (no notes yet)

-keep the person focused

-get witness information

-recount again while taking notes

-asking questions

-review with witness / give opportunity to add or correct

-ask for confirmation

-make changes if necessary

-confirm changes

-thank the witness

-explain further actions, provide suggestions, suport

-obtain admission or confession

-identify individuals involved

-establish guilt

-corroborating facts of crime

info that can lead to evidence or property

-admission to certain aspects of a crime

-confession to commission of all elements of a crime

need to be protected or confessions may be inadmissIble IN COURT

-KNOW CRIME, SCENE, EVIDENCE, SUSPECT

-TECHNIQUE

-LOCATION, SOUNDPROOF, ISOLATED, MINIMUM FURNITURE, CONNECTED TO OUTSIDE AREAS BY INTERCOM

-USE SPACIAL METHODS

-SUM UP LIES, CONTRADICTIONS

-INCREASE INTENSITY

-SUBTERFUGE IS DECEPTION AS A TACTIC

-COERCION IS USE OF FORCE (MENTAL OR PHYSICAL) OR PRESSURE