LAWS OF ARREST

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Author:
Anonymous
ID:
8086
Filename:
LAWS OF ARREST
Updated:
2010-02-25 02:02:43
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LD 15
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CH 3
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  1. WHAT IS A DETENTION?
    • -A LAWFUL DETENTION REQUIRES REASONABLE SUSPICION OF CRIMINAL ACTIVITY.
    • -A TEMPORARY DETENTION OR STOP IS AN ASSERTION OF AUTHORITY BY A PEACE OFFICER THAT WOULD CAUSE A RESONABLE PERSON TO BELIEVE THEY ARE NOT FREE TO LEAVE.
    • -MAY RESULT FROM PHYSICAL RESTRAINT, UNEQUIVOCAL VERBAL COMMANDS, OR OTHER CONDUCT BY AN OFFICER.
    • -IT IS LIMITED IN SCOPE, INTENSITY, AND DURATION; IT IS LESS THAN AN ARREST BUT MORE SUBSTANTIAL THAN A CONSENSUAL ENCOUNTER.
  2. WHAT IS REASONABLE SUSPICION?
    • -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.
    • -REASONABLE SUSPICION OF CRIMINAL ACTIVITY MUST EXIST TO MAKE A DETENTION LAWFUL.
    • -MAY BE BASED ON OBSERVATION, PERSONAL TRAINING AND EXPERIENCE, OR INFORMATION FROM EYEWITNESSES, VICTIMS, OR OTHER OFFICERS(TOTALITY OF THE CIRCUMSTANCES)
    • -IF REASONABLE SUSPICION IS NOT PROPERLY ESTABLISHED IN COURT, THE CASE MAY BE DISMISSED OR EVIDENCE MAY BE EXCLUDED FROM TRIAL.
  3. WHAT ARE CONTRIBUTING FACTORS OF REASONABLE SUSPICION?
    • -APPEARANCE OR CONDITION OF A PERSON
    • -ACTIONS
    • -DRIVING BEHAVIORS
    • -KNOWLEDGE OF THE PERSONS "HISTORY"(CRIMINAL RECORD OR CONDUCT)
    • -DEMEANOR
    • -TIME OF DAY(UNUSUALNESS)
    • -LOCATION OF THE STOP
    • -OFFICER TRAINING AND EXPERIENCE
    • *FLIGHT BY IT'S SELF DOES NOT ESTABLISH(REASONABLE SUSPICION) AND CAN NOT JUSTIFY A DETENTION
  4. WHAT IS THE ROLE OF A RELIABLE SOURCE(TIP)?
    • -A TIP MAY SUPPORT A DETENTION IF THE SURROUNDING CIRCUMSTANCES MAKE THE INFO BELIEVABLE OR IF THE RELIABLE SOURCES IDENTITY IS KNOWN.
    • -A PURELY ANONYMOUS TIP WILL NORMALLY NOT PROVIDE A SUFFICIENT BASIS TO DETAIN ALTHOUGH IT CAN BE IF THERE IS SUFFICIENT COLLABORATON OR OTHER INDICATIONS OF RELIABILITY.
    • -IF THE TIP PROVIDES INFORMATION OR A PERSON WHO POSES A GRAVE OR MORE IMMEDIATE RISK TO THE PUBLIC, SUCH AS DRIVING UNDER THE INFLUENCE, THE DETENTION CAN BE UPHELD.
  5. WHAT ARE APPROPRIATE INVESTIGATIVE ACTIONS DURING A DETENTION?
    • -QUESTIONING THE PERSON ABOUT ID AND CONDUCT
    • -CONTACTING OTHER INDIVIDUALS TO CONFIRM EXPLANATIONS, VERIFYING ID, OR DETERMINING WHETHER THE PERSON IS WANTED
    • -CHECKING PREMISES, EXAMINING OBJECTS, OR CONTACTING NEIGHBORS OR OTHER INDIVIDUALS TO DETERMIN WHETHER A CRIME ACTUALLY OCCURRED OR,
    • -BRINGING THE VICTIM TO THE SUSPECT FOR ID PURPOSES
  6. WHAT IS THE LENGTH OF DETENTION?
    • -MUST BE TEMPORARY AND LAST NO LONGER THAN IS NECESSARY TO RESOLVE THE REASON FOR THE STOP.
    • -A DETENTION LEGAL AT ITS BEGINING CAN BECOME AN ILLEGAL ARREST IF EXTENDED BEYOND WHAT IS REASONABLY NECESSARY UNDER THE CIRCUMSTANCES.
    • -OFTEN WHAT OFFICERS SEE AND HEAR DURING A DETENTION WILL INCREASE THEIR SUSPICION, JUSTIFY A LONGER DETENTION, LEAD TO INVESTIGATION OF A DIFFERENT OFFENSE, OR POSSIBLY EVEN PROVIDE PROBABLE CAUSE FOR ARREST.
    • -IF THE PERSON ANSWERS ALL QUESTIONS ABOUT THE SUSPICIOUS CIRCUMSTANCES SATISFACTORILY, SO THAT SUSPICION DECREASES OR DISAPPEARS, THE PERSON MUST BE RELEASED.
  7. WHAT IS TRANSPORTING A PERSON DURING DETENTION?
    • -THE PERSON IS CONSIDERED UNDER ARREST IF TRANSPORTED, WITHOUT CONSENT, BY A PEACE OFFICER TO A DIFFERENT LOCATION.
    • -OFFICERS SHOULD NOT TRANSPORT A PERSON DURING A DETENTION UNLESS:
    • 1.THE DETAINEE GIVES PERMISSION
    • 2.IT IS IMPRACTICAL TO BRING THE WITNESS/VICTIM TO THE DETAINEE'S LOCATION
    • 3.THE CONDITONS OF THE DETENTION ARE DANGEROUS TO THE PERSON OR OFFICER OR
    • 4.INDEPENDENT PROBABLE CAUSE EXISTS TO ARREST THE SUBJECT
  8. WHAT IS REFUSAL TO ANSWER QUESTIONS?
    • -A DETAINEE IS NOT OBLIGATED TO ANSWER ANY QUESTIONS AN OFFICER MAY ASK DURING A LAWFUL DETENTION.
    • -THE REFUSAL TO ANSWER QUESTIONS ALONE DOES NOT PROVIDE PROBABLE CAUSE FOR ESCALATING A DETENTION TO AN ARREST, NOT ANSWER QUESTIONS IS NOT A VIOLATION OF THE LAW.
  9. WHAT IS SEARCHES AND SEIZURES DURING A DETENTION?
    • -CURSORY/PAT SEARCHES ARE ALLOWED TO PROTECT OFFICERS FROM AN ASSAULT, BUT ONLY IF THERE ARE SPECIFIC FACTS THAT CAUSE THE OFFICERS TO FEEL ENDANGERED. THE SCOPE OF SUCH A SEARCH IS LIMITED ONLY TO:
    • 1.A FRISK OF THE OUTER CLOTHING
    • 2.LOCATE POSSIBLE WEAPONS
    • 3.A PAT SEARCH IS NOT A SEARCH FOR EVIDENCE OR CONTRABAND
    • -ONCE OFFICERS REALIZE AN OBJECT IS NOT A WEAPON, OR AN OBJECT THAT CAN BE USED AS A WEAPON, THE OFFICER MAY NOT FURTHER MANIPULATE THE OBJECT, THEY MUST MOVE ON.
    • -ANY ADDITIONAL FEELING, GRABBING, OR MANIPULATING OF THE ITEM IS OUTSIDE THE SCOPE OF A CURSORY/PAT SEARCH FOR WEAPONS AND WILL BE CONSIDERED AN ILLEGAL SEARCH.
  10. WHAT ARE THE FACTORS TO REASONABLY BELIEVE THE PERSON MIGHT BE CARRYING A WEAPON OR DANGEROUS INSTRUMENT?
    • -PERSONS CLOTHING(BULGE IN CLOTHING, WEARING A HEAVY COAT)
    • -PERSONS ACTIONS
    • -PRIOR KNOWLEDGE OF PERSON FOR CARRYING WEAPONS OR VIOLENT BEHAVIOR
    • -ISOLATED LOCATION SO OFFICERS ARE UNLIKELY TO RECEIVE IMMEDIATE AID IF ATTACKED
    • -TIME OF DAY
    • -REASON FOR DETENTION
    • -A SIMILAR CURSORY/PAT SEARCH OF A DETAINEES COMPANION REVEALED A WEAPON
    • -RATIO OF INDIVIDUALS TO OFFICERS
  11. WHAT HAPPENS WHEN OBJECTS ARE DISCOVER?
    • -IF OFFICERS DISCOVER AN OBJECT DURING A CURSORY/FRISK WHICH OFFICERS BELIEVE IS A WEAPON, DANGEROUS INSTRUMENT, OR HARD OBJECT WHICH COULD CONTAIN OR BE USED AS A WEAPON, THE OFFICERS HAVE A RIGHT TO REMOVE IT FROM THE PERSON.
    • -DISCOVERED ITEM/OFFICER ACTION
    • 1.LEGAL OBJECTS THAT COULD BE USED AS A WEAPON/ MAY REMOVE IT, KEEP IT UNTIL THE DETENTION HAS CONCLUDED, THEN RETURN IT TO THE SUBJECT
    • 2.A CONTAINER THAT IS CAPABLE OF CONTAINING A WEAPON OR DANGEROUS INSTRUMENT/ THE OFFICER MAY REMOVE AND OPEN THE CONTAINER
    • *IF CONTRABAND IS DISCOVERED THE OFFICERS SHOULD SEIZE IT, ASK QUESTIONS, AND PLACE THE PERSON UNDER ARREST, AND CONDUCT A FULL CUSTODY SEARCH.
  12. WHAT IS USE OF FORCE OR PHYSICAL RESTRAINTS?
    • -IF A PERSON ATTEMPTS TO LEAVE DURING A DETENTION, OFFICERS MAY USE REASONABLE FORCE AND/OR PHYSICAL RESTRAINTS TO COMPEL THE PERSON TO REMAIN. THE USE OF FORCE DOES NOT NECESSARILY ELEVATE THE DETENTION TO AN ARREST. UNCOOPERATIVE INDIVIDUALS MAY:
    • 1.BE HANDCUFFED, AND/OR
    • 2.BE PLACED IN A PATROL VEHICLE

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