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LEARNINGLEARNING DOMAIN 15 DOMAIN 15
LAWSLAWS OF ARREST- OF ARREST-
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CONSTITUTIONAL CONSTITUTIONAL PROTECTIONS-PEACE PROTECTIONS-PEACE
OFFICER’S ROLEOFFICER’S ROLE US Constitution-1789 (1776)US Constitution-1789 (1776) California Constitution-1879 (1850)California Constitution-1879 (1850) ______________________________ - allow persons to speak - allow persons to speak
freely, exercise religious beliefs, peaceably freely, exercise religious beliefs, peaceably assemble-protect from infringement by assemble-protect from infringement by othersothers
______________________________ – persons are free from – persons are free from unreasonable searches and seizures-unreasonable searches and seizures-conduct searches on probable conduct searches on probable cause____________cause____________
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CONSTITUTIONAL CONSTITUTIONAL PROTECTIONS–PEACE PROTECTIONS–PEACE
OFFICER’S ROLEOFFICER’S ROLE ________________________ – person’s right against – person’s right against
self-incrimination-Mirandaself-incrimination-Miranda ______________________________ – once counsel is – once counsel is
appointed or an attorney is requested, appointed or an attorney is requested, interrogation must interrogation must stopstop
Fourteenth AmendmentFourteenth Amendment – law – law equally applied to equally applied to __________________ regardless of race, creed, nationality, regardless of race, creed, nationality, religious preference, or national origin religious preference, or national origin (_____________________)(_____________________)
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FEDERAL CIVIL RIGHTS FEDERAL CIVIL RIGHTS STATUTESSTATUTES
U.S. Code, Title 42, Section 1983, acting U.S. Code, Title 42, Section 1983, acting under ____________under ____________
U.S. Code, Title 18, Section 241 – (2 or U.S. Code, Title 18, Section 241 – (2 or more people) conspire to injure, oppress, more people) conspire to injure, oppress, __________________________________________
U.S. Code, Title 18, Section 242 – deprive U.S. Code, Title 18, Section 242 – deprive a person under “color of law” based on a person under “color of law” based on color, race, or citizenshipcolor, race, or citizenship
California Equivalent – Penal Code California Equivalent – Penal Code 422.6(a), broader than above422.6(a), broader than above
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CONSENSUAL ENCOUNTERSCONSENSUAL ENCOUNTERS Face to face contact between a Face to face contact between a
private person and a peace officer private person and a peace officer under circumstances that would under circumstances that would cause a ____________ to believe that cause a ____________ to believe that he or she is free to leave and he or she is free to leave and otherwise otherwise ___ ___ cooperatecooperate Florida v. Bostick (1991)Florida v. Bostick (1991) People v. Hughes (2002)People v. Hughes (2002)
Need no legal justification as long as Need no legal justification as long as officer is in a place he has a _________officer is in a place he has a _________
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CONSENSUAL ENCOUNTERSCONSENSUAL ENCOUNTERS EXAMPLESEXAMPLES Witness/Victim interviewWitness/Victim interview Information disseminationInformation dissemination Elevating Consensual EncountersElevating Consensual Encounters
DETENTIONSDETENTIONS A stop or assertion of authority by an officer that A stop or assertion of authority by an officer that
would cause a reasonable person to believe they would cause a reasonable person to believe they are ______________ or disregard the officerare ______________ or disregard the officer
Terry v. Ohio (1968)Terry v. Ohio (1968) Hiibel v. 6Hiibel v. 6thth Judicial Dist Court of NV (2004) Judicial Dist Court of NV (2004)
To have a lawful detention, must have “To have a lawful detention, must have “_________ _________ __________________” to detain” to detain
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DETENTIONSDETENTIONS
RESEASONABLE SUSPICIONRESEASONABLE SUSPICION Enough facts/circumstances to make Enough facts/circumstances to make
it reasonable for the officer to it reasonable for the officer to suspect that criminal activity is about suspect that criminal activity is about to occur, is occurring or has occurred to occur, is occurring or has occurred and the detained person is and the detained person is connected to that criminal activity.connected to that criminal activity.
____________________________________________________
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REASONABLE SUSPICIONREASONABLE SUSPICION
________ be based on a hunch or ________ be based on a hunch or instinctinstinct
Can be based on observation, Can be based on observation, personal training and experience, or personal training and experience, or information from witnesses, victim(s) information from witnesses, victim(s) or other officers __________________or other officers __________________
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REASONABLE SUSPICIONREASONABLE SUSPICION CONTRIBUTING FACTORS TO
ESTABLISH REASONABLE SUSPICION Appearance of a person (intoxication, Appearance of a person (intoxication,
resemblance to wanted person)resemblance to wanted person) Actions (running from crime scene)Actions (running from crime scene) Driving (irregular, vehicle code vios)Driving (irregular, vehicle code vios) Knowledge of person’s history (probation, Knowledge of person’s history (probation,
parole, etc)parole, etc) Officer training & experience (expertise in Officer training & experience (expertise in
certain areas)certain areas)
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DETENTIONSDETENTIONS
OFFICER ACTIONSOFFICER ACTIONS:: Once detained, officer can take Once detained, officer can take
whatever investigative actions are whatever investigative actions are reasonable under the circumstances reasonable under the circumstances to determine the person’s possible to determine the person’s possible participation in the crimeparticipation in the crime
Detention can __________________ Detention can __________________ necessary to resolve the reason for necessary to resolve the reason for the stopthe stop
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DETENTIONSDETENTIONS
COMMON ACTIONSCOMMON ACTIONS Questioning about identity and Questioning about identity and
conductconduct Contacting others to confirm/verifyContacting others to confirm/verify ______________________________ Bringing victim/witness to suspect for Bringing victim/witness to suspect for
identificationidentification
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DETENTIONSDETENTIONS
SEARCHES DURING DETENTIONSSEARCHES DURING DETENTIONS ____________ allowed only under ____________ allowed only under
certain conditions-outer clothing, certain conditions-outer clothing, only for weaponsonly for weapons
________________________________ Further discussion during “Search Further discussion during “Search
and Seizure”and Seizure”
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DETENTIONSDETENTIONS
Use of force:Use of force:
Uncooperative subjects can be Uncooperative subjects can be _________ and/or placed in a patrol _________ and/or placed in a patrol vehiclevehicle
Does not elevate the detention to an Does not elevate the detention to an arrestarrest
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ARRESTSARRESTS
DEFINITION:DEFINITION:
The taking of a person into custody The taking of a person into custody in a case and manner authorized by in a case and manner authorized by law (PC834)law (PC834)
Before and arrest can be made, you Before and arrest can be made, you must have ___________________must have ___________________
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PROBABLE CAUSEPROBABLE CAUSE
DEFINITIONDEFINITION A set of facts that would cause a person A set of facts that would cause a person
of ordinary care and prudence to of ordinary care and prudence to entertain an honest and strong belief entertain an honest and strong belief that the person to be arrested is guilty that the person to be arrested is guilty of a crimeof a crime
More information needed than More information needed than __________________
____________________________
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PROBABALE CAUSEPROBABALE CAUSE
Facts required to establish Probable Facts required to establish Probable Cause may include:Cause may include:
Direct investigation reportDirect investigation report ______________________________________ Second hand statements from Second hand statements from
reliable information (source)reliable information (source) Officer training and experienceOfficer training and experience
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ELEMENTS OF A LAWFUL ELEMENTS OF A LAWFUL ARRESTARREST
May be made by a peace officer or a May be made by a peace officer or a ____________________________________
Arrested person must be taken into Arrested person must be taken into custody in a case and manner authorized custody in a case and manner authorized by law (PC 834- 1872)by law (PC 834- 1872)
May be made by actual restraint of the May be made by actual restraint of the person, or by the person’s submission to person, or by the person’s submission to the officer’s authority (PC 835)the officer’s authority (PC 835)
_____________ may be used to make an _____________ may be used to make an arrest, prevent escape, or overcome arrest, prevent escape, or overcome resistance (PC 835a)resistance (PC 835a)
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INFORMATION GIVEN TO AN INFORMATION GIVEN TO AN ARRESTED PERSONARRESTED PERSON
841 PC requires that person making 841 PC requires that person making the arrest must convey certain the arrest must convey certain informationinformation
Intent (to arrest)Intent (to arrest) Cause (to arrest)Cause (to arrest) ___________(may be inferred)___________(may be inferred) Two situations in which officer is not Two situations in which officer is not
required:required:1)1) Arrested person actually committing Arrested person actually committing
an offensean offense2)2) Attempting to escapeAttempting to escape HOWEVERHOWEVER, must always tell if they ask, must always tell if they ask
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WARRENTLESS ARRESTS WARRENTLESS ARRESTS MISDEMEANORSMISDEMEANORS
Whenever offense committed in Whenever offense committed in officer’s presence PC 836(a)(1)officer’s presence PC 836(a)(1)
Normally a Normally a misdemeanormisdemeanor, , _____________ in the officer’s _____________ in the officer’s presence cannot be made, however, presence cannot be made, however, there are exceptions:there are exceptions:
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WARRANTLESS ARRESTS WARRANTLESS ARRESTS MISDEMEANORSMISDEMEANORS
EXCEPTIONS:EXCEPTIONS:1.1. Offense committed by a juvenile (625WIC)Offense committed by a juvenile (625WIC)2.2. Driving while under the influence ( VC Driving while under the influence ( VC
40300.5 & 4060040300.5 & 406003.3. Carrying a loaded firearm on one’s person Carrying a loaded firearm on one’s person
or in a vehicle while in a public place or on or in a vehicle while in a public place or on any public street (PC 12031(a)(4)(A)any public street (PC 12031(a)(4)(A)
4.4. Violating a domestic violence restraining Violating a domestic violence restraining order, when officer responding to same order, when officer responding to same (PC836(c)-(PC836(c)-________________________________________________________
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WARRANTLESS ARRESTS WARRANTLESS ARRESTS MISDEMEANORSMISDEMEANORS
EXCEPTIONS CONT.EXCEPTIONS CONT.5.5. Assault or battery on spouse, Assault or battery on spouse,
cohabitant, or the parent of his/her child cohabitant, or the parent of his/her child (PC 836(d)(PC 836(d)
6.6. Assault or battery against a working Assault or battery against a working firefighter, emergency medical firefighter, emergency medical technician or mobile intensive care technician or mobile intensive care paramedic (PC 836.1)paramedic (PC 836.1)
7.7. Assault or battery on ________________ Assault or battery on ________________ when the school is in session (PC 243.5)when the school is in session (PC 243.5)
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WARRANTLESS ARREST WARRANTLESS ARREST MISDEMEANORSMISDEMEANORS
EXCEPTIONS CONT.EXCEPTIONS CONT.
8.8. Carrying a concealed firearm in an Carrying a concealed firearm in an airport inspection area (PC 836(e))airport inspection area (PC 836(e))
9.9. Assault or battery on a person over Assault or battery on a person over the ________ who is related to the the ________ who is related to the suspect by blood or legal suspect by blood or legal guardianship (PC 243.25) also (PC guardianship (PC 243.25) also (PC 368 elder abuse)368 elder abuse)
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WARRANTLESS ARRESTS WARRANTLESS ARRESTS MISDEMEANORSMISDEMEANORS
TIME OF ARREST:TIME OF ARREST: Must be made between the hours of Must be made between the hours of
6 AM and ________ 6 AM and ________ UNLESSUNLESS
1.1. Crime is committed in the officer’s Crime is committed in the officer’s presencepresence
2.2. Arrest is made in a public placeArrest is made in a public place
3.3. Suspect already in custody on Suspect already in custody on another lawful arrestanother lawful arrest
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WARRANTLESS ARRESTS WARRANTLESS ARRESTS FELONIESFELONIES
Can be made when the person to be Can be made when the person to be arrested:arrested:
1)1) Committed ______ in the officer’s Committed ______ in the officer’s presence (PC 836(a)(1))presence (PC 836(a)(1))
2)2) Probable Cause to believe that a felony Probable Cause to believe that a felony was committed not in the officer’s was committed not in the officer’s presence (PC 836(a)(2))presence (PC 836(a)(2))
3)3) Probable Cause to believe felony Probable Cause to believe felony committed, regardless of whether the committed, regardless of whether the felony was, in fact, committed (PC 836(a)felony was, in fact, committed (PC 836(a)(3))(3))
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WARRANTLESS ARRESTS WARRANTLESS ARRESTS FELONIESFELONIES
TIME OF ARRESTTIME OF ARREST ___________ of the day or night on any ___________ of the day or night on any
day of the weekday of the week
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ELEMENTS OF A WARRANT ELEMENTS OF A WARRANT ARRESTARREST
WARRANTWARRANT – order signed by a – order signed by a ________ which directs and ________ which directs and commands a peace officer to arrest commands a peace officer to arrest the person named on the warrant for the person named on the warrant for the offense named on the warrantthe offense named on the warrant
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ELEMENTS OF WARRANT ELEMENTS OF WARRANT ARRESTSARRESTS
WARRANT CONTAINS:WARRANT CONTAINS:1.1. Name of the defendant (alias)Name of the defendant (alias)2.2. Crime that defendant is suspected of Crime that defendant is suspected of
committingcommitting3.3. ____________________________________________4.4. City/county where issuedCity/county where issued5.5. Signature of judge, name of court issuingSignature of judge, name of court issuing6.6. Amount of bail (or no bail)Amount of bail (or no bail)7.7. __________________________________________
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WARRANT ARRESTSWARRANT ARRESTS
TIME OF ARRESTTIME OF ARREST::
1.1. FeloniesFelonies – anytime of day or night – anytime of day or night on any day of the week (PC 840)on any day of the week (PC 840)
2.2. MisdemeanorsMisdemeanors – must be made – must be made between ___________________ unless between ___________________ unless endorsed for night serviceendorsed for night service
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WARRANTS – ENTRY TO MAKE WARRANTS – ENTRY TO MAKE ARRESTARREST
BEFORE ENTERING A PRIVATE BEFORE ENTERING A PRIVATE DWELLING TO MAKE AN ARREST, AN DWELLING TO MAKE AN ARREST, AN OFFICER MUST:OFFICER MUST:
1.1. Have consent, exigent Have consent, exigent circumstances; parole or searchable circumstances; parole or searchable probation;probation;
2.2. Have an arrest Have an arrest warrant & PCwarrant & PC to to believe the subject to be arrested is believe the subject to be arrested is actually inside, andactually inside, and
3.3. Comply with knock & notice Comply with knock & notice requirements (PC 844)requirements (PC 844)
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KNOCK AND NOTICEKNOCK AND NOTICE Means that before entering a Means that before entering a
dwelling to make an arrest, with or dwelling to make an arrest, with or without a warrant, officer must give without a warrant, officer must give the person(s) inside certain the person(s) inside certain information (PC 844)information (PC 844)
1.1. Announce presenceAnnounce presence2.2. ID as a peace officerID as a peace officer3.3. ____________________________4.4. Demand entryDemand entry5.5. Wait a reasonable amount of time Wait a reasonable amount of time
(circumstances dictate) and(circumstances dictate) and6.6. If necessary, ___________If necessary, ___________
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KNOCK & NOTICE EXCEPTIONSKNOCK & NOTICE EXCEPTIONS
Consent –Consent – must be voluntary must be voluntary _________________:_________________:
1.1. Hot pursuitHot pursuit
2.2. Imminent threat to lifeImminent threat to life
3.3. Imminent threat to property (smell Imminent threat to property (smell of natural gas, etc.)of natural gas, etc.)
4.4. Imminent threat of suspect escapeImminent threat of suspect escape
5.5. Imminent threat of destruction of Imminent threat of destruction of __________ or contraband__________ or contraband
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ARREST BY PRIVATE PERSONARREST BY PRIVATE PERSON
Can arrest for any offense committed Can arrest for any offense committed in their presencein their presence
Can arrest if felony actually has been Can arrest if felony actually has been committed and committed and ________________________ to to believe person committed the felonybelieve person committed the felony
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ARREST BY PRIVATE PERSONARREST BY PRIVATE PERSON
When arrest is made they are When arrest is made they are required, without unnecessary delay:required, without unnecessary delay:
Take the person before a magistrate, Take the person before a magistrate, oror
Deliver the arrested person to a Deliver the arrested person to a peace officerpeace officer
Can make warrantless entries on Can make warrantless entries on _________ only_________ only
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ARREST BY PRIVATE PERSONARREST BY PRIVATE PERSON
Peace officer Peace officer cancan receive an arrest receive an arrest by private person (PC 142) Not by private person (PC 142) Not required as of 1/1/03.required as of 1/1/03.
Once received, officer may:Once received, officer may: Release – (PC 849(b)(1))Release – (PC 849(b)(1)) Cite – (PC 853)Cite – (PC 853) Take _________________Take _________________ Exemption______________Exemption______________
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USE OF FORCEUSE OF FORCE
PC 835 authorizes use of a level of PC 835 authorizes use of a level of force that is reasonable and force that is reasonable and necessary to make an arrest, prevent necessary to make an arrest, prevent escape or overcome resistanceescape or overcome resistance
Cannot use ____________Cannot use ____________ Cannot use excessive force, assault Cannot use excessive force, assault
or beat, or subject a prisoner to or beat, or subject a prisoner to inhumane treatment (PC 149, 147) inhumane treatment (PC 149, 147) __________________________
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DISPOSTION OF ARRESTED DISPOSTION OF ARRESTED PERSONPERSON
Differs with nature of the Differs with nature of the offense:offense: WarrantWarrant – proceed as commanded – proceed as commanded
on the warranton the warrant __________________ – normally cite and release, – normally cite and release,
however can be arrested if fails to however can be arrested if fails to present satisfactory ID, refuses to present satisfactory ID, refuses to sign cite, or if any of the exceptions sign cite, or if any of the exceptions listed in PC 853.5 existlisted in PC 853.5 exist
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DISPOSTION OF ARRESTED DISPOSTION OF ARRESTED PERSONPERSON
MisdemeanorsMisdemeanors – normally cite and – normally cite and release-release-exceptionsexceptions::
Immediate release might jeopardize Immediate release might jeopardize prosecutionprosecution
Likelihood offense may continue, placing Likelihood offense may continue, placing people/property in dangerpeople/property in danger
____________________________________________ Outstanding warrants or violated a Outstanding warrants or violated a
protective orderprotective order Demands to be taken before a judge or Demands to be taken before a judge or
refuses to sign citerefuses to sign cite
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DISPOSTION OF ARRESTED DISPOSTION OF ARRESTED PERSONPERSON
Exceptions cont.Exceptions cont. Arrested for DUI or any offense listed in VC Arrested for DUI or any offense listed in VC
40302(a) & 4030340302(a) & 40303 Officers have reason to believe that subject Officers have reason to believe that subject
will will ____________appear at the time and date appear at the time and date specified in notice (must give reason for specified in notice (must give reason for belief)belief)
Arrest for misd vio of protective orderArrest for misd vio of protective order Arrest is made pursuant to policy for Arrest is made pursuant to policy for
responding to domestic abuse call (PC 13701)responding to domestic abuse call (PC 13701)
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DISPOSTION OF ARRESTED DISPOSTION OF ARRESTED PERSONPERSON
Warrantless arrest releases (PC 849(b))Warrantless arrest releases (PC 849(b)) PC 849(b)(1) – insufficient grounds for PC 849(b)(1) – insufficient grounds for
complaintcomplaint PC 849(b)(2) – intoxication only, no PC 849(b)(2) – intoxication only, no
further action requestedfurther action requested PC 849(b)(3) – arrest for under PC 849(b)(3) – arrest for under
influence of drugs, person is delivered influence of drugs, person is delivered to treatment facility, no further action to treatment facility, no further action desirabledesirable
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DISPOSTION OF ARRESTED DISPOSTION OF ARRESTED PERSONPERSON
Probable Cause Hearing (PC 1538.5(B)(iii)Probable Cause Hearing (PC 1538.5(B)(iii) Phone calls:Phone calls: Immediately after being booked and within Immediately after being booked and within
___________ hours of being arrested, must be ___________ hours of being arrested, must be allowed to make at least three (3) completed allowed to make at least three (3) completed calls (PC 851.5)calls (PC 851.5)
Juveniles allowed at least two calls immediately Juveniles allowed at least two calls immediately upon being taken into custody (W&I 627)upon being taken into custody (W&I 627)
Deprivation of these rights is a misd (PC Deprivation of these rights is a misd (PC 851.5(f)851.5(f)
Visitation _____________________Visitation _____________________
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EXCEPTIONS TO POWERS OF EXCEPTIONS TO POWERS OF ARRESTARREST
Diplomatic Immunity – OESDiplomatic Immunity – OES
__________________________________
Statute of LimitationsStatute of Limitations
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MIRANDA PROCEDURESMIRANDA PROCEDURES
Purpose:Purpose: To Obtain Admissible EvidenceTo Obtain Admissible Evidence
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MIRANDAMIRANDA
CUSTODY :CUSTODY : (workbook p. 2-73) Placed under actual arrest, orPlaced under actual arrest, or Placed in a situation where subject Placed in a situation where subject
feels as though he/she is under feels as though he/she is under arrest or not free to leavearrest or not free to leave
______________________________________
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MIRANDAMIRANDA
INTERROGATION:INTERROGATION: Occurs when an officer engages in Occurs when an officer engages in
______ __________ of a person about a ______ __________ of a person about a crime, or crime, or
Says something or performs Says something or performs something that is reasonably likely to something that is reasonably likely to elicit an incriminating response (w/b elicit an incriminating response (w/b p.2-74)p.2-74)
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MIRANDAMIRANDA
CUSTODY + INTERROGATION = CUSTODY + INTERROGATION = MIRANDA (MIRANDA (______________))
MUST HAVE BOTH BEFORE MIRANDA MUST HAVE BOTH BEFORE MIRANDA IS REQUIRED:IS REQUIRED:
VOLUNTEERED STATEMENTS:VOLUNTEERED STATEMENTS:
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MIRANDAMIRANDA
ACKNOWLEDGEMENTACKNOWLEDGEMENT
WAIVER-express, implied or WAIVER-express, implied or conditional, knowing & voluntary conditional, knowing & voluntary (w/b p.2-78/79)(w/b p.2-78/79)
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MIRANDAMIRANDA
__________________________ Handwriting samplesHandwriting samples Voice samplesVoice samples Body fluids samplesBody fluids samples Model clothingModel clothing Participate in a lineup or show upParticipate in a lineup or show up Submit to fingerprintingSubmit to fingerprinting
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MIRANDAMIRANDA CONTACT AFTER INVOKING RIGHT TO CONTACT AFTER INVOKING RIGHT TO
SILENCESILENCE CONTACT AFTER INVOKING RIGHT TO CONTACT AFTER INVOKING RIGHT TO
AN ATTY (AN ATTY (must be clear & express must be clear & express desire for an attydesire for an atty))
CONTACT ON SEPARATE CRIMECONTACT ON SEPARATE CRIME ADVISEMENT- ADVISEMENT- California LawCalifornia Law, ,
__________ __________ must be advised even if must be advised even if ________ to be questioned upon arrest to be questioned upon arrest (625 WIC) (625 WIC) workbook p. 2-84workbook p. 2-84
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MIRANDAMIRANDA
SUSPECT REINITIATES:SUSPECT REINITIATES: ____________ can reinitiate (p. 2-84)
EXCEPTION:EXCEPTION: Not required to give Miranda Not required to give Miranda
warnings if there is imminent warnings if there is imminent concern for safety of a person or the concern for safety of a person or the public (w/b p 2-85)public (w/b p 2-85)
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CRIME SCENE INTERVIEWS & CRIME SCENE INTERVIEWS & INVESTIGATIVE INTERROGATIONSINVESTIGATIVE INTERROGATIONS
Interviews:Interviews: process of gathering process of gathering information (w/b p. 2-93)information (w/b p. 2-93)
Establish rapportEstablish rapport Obtain identificationObtain identification Keep person focusedKeep person focused
Investigative Interrogations (p. 2-94)Investigative Interrogations (p. 2-94)
__________________________:: acknowledges all elements acknowledges all elements of the crime (p. 2-95)of the crime (p. 2-95)
____________________________:: admits certain facts admits certain facts
INVESTIGATIVE INVESTIGATIVE INTERROGATIONSINTERROGATIONS
Subterfuge ______________________Subterfuge ______________________
Coercion ________________________Coercion ________________________
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