Laws of Arrest - Flashcard Review

This is a collection of flashcards designed to help review key concepts from the 'Laws of Arrest' lecture notes.

What is the key standard required for making an arrest according to the Fourth Amendment?

Probable cause.

What are the three things that must be conveyed to a person at the time of arrest according to California Penal Code Section 841?

Intent, cause, and authority.

What differentiates an arrest from a detention?

An arrest is a full seizure of a person taking them into custody, while a detention is a temporary and limited assertion of authority.

Under what circumstances can peace officers conduct a warrantless arrest for a misdemeanor?

When the misdemeanor was committed in the officer's presence.

What constitutes reasonable suspicion?

A set of facts and circumstances that lead a peace officer to suspect that criminal activity is occurring.

What rights are protected under the Fifth Amendment?

The right against self-incrimination and the right to due process.

When are Miranda warnings required to be given?

Before custodial interrogation when both custody and interrogation are present.

What is the purpose of the Miranda warning?

To inform the individual of their rights against self-incrimination during custodial interrogation.

What actions can lead to the elevation of a consensual encounter to a detention?

Using emergency lights, issuing commands, or preventing someone's exit.

What is immunity in the context of law enforcement?

Exemption from a duty or penalty, often relating to individuals in official capacities.

Describe what constitutes a consensual encounter.

A face-to-face contact where a reasonable person believes they are free to leave or not cooperate.

What determines probable cause for arrest?

A set of facts that would cause a reasonable person to believe that an individual is guilty of a crime.

What is required for a valid waiver of Miranda rights?

The waiver must be knowing and voluntary, indicating the individual understands the rights being waived.

What must an officer do before entering a dwelling to make an arrest according to knock and notice requirements?

Announce their presence, identify themselves, state their purpose, and demand entry.

What is the significance of the Fourth Amendment?

It provides protection against unreasonable searches and seizures.

What must peace officers do if a person invokes their right to remain silent?

All interrogation must cease immediately.

What is a confession in legal terms?

An acknowledgment of the commission of all elements of a crime.

Describe the term 'reasonable suspicion.'

A standard of belief based on facts and circumstances that criminal activity may be occurring.

What is probable cause in law enforcement?

Probable cause is the reasonable belief that a person has committed a crime, based on facts and evidence.

What does 'custodial interrogation' mean?

Custodial interrogation refers to questioning by law enforcement after a person has been taken into custody.

What is the exclusionary rule?

The exclusionary rule prevents evidence collected in violation of a defendant's constitutional rights from being used in court.

What is the difference between a search warrant and a warrantless search?

A search warrant is an authorization by a judge based on probable cause, while a warrantless search is conducted without one, often under exigent circumstances.

When is a search warrant not required?

A search warrant is not required in emergencies or situations where evidence may be destroyed.

What does 'fifth amendment right' entail?

The Fifth Amendment right includes protection against self-incrimination and guarantees due process.

What is the significance of the plain view doctrine?

The plain view doctrine allows officers to seize evidence without a warrant if it is clearly visible during a lawful presence.

What must be included in a search warrant?

A search warrant must specify the place to be searched and the items to be seized.

What is reasonable suspicion?

Reasonable suspicion is a standard used in law enforcement that allows officers to stop and briefly detain a person if they believe a crime may be occurring.

What is the purpose of the Miranda warning?

The purpose of the Miranda warning is to inform individuals of their rights before custodial interrogation, specifically their right against self-incrimination.

What is the knock and announce rule?

The knock and announce rule requires law enforcement to announce their presence and purpose before entering a dwelling to make an arrest or execute a search warrant.

What constitutes an arrest?

An arrest involves taking a person into custody with the intention of charging them with a crime, fully seizing their freedom.

What is a consensual encounter in law enforcement?

A consensual encounter is a voluntary interaction between law enforcement and a citizen where the person is free to leave and not obliged to answer questions.

What is a waiver of rights in a legal context?

A waiver of rights occurs when an individual voluntarily relinquishes their legal rights, such as their right to remain silent after being informed of those rights.

What actions can lead to an escalation from a consensual encounter to a detention?

Actions such as using emergency lights, making direct commands, or physically blocking a person's exit can escalate a consensual encounter to a detention.

What are the two primary rights protected under the Fifth Amendment?

The two primary rights protected are the right against self-incrimination and the right to due process in legal proceedings.

What is the role of the California Commission on Peace Officer Standards and Training (POST)?

To enhance the professionalism of California law enforcement in serving its communities through training and standards.

What is the significance of the Fourth Amendment in law enforcement?

It protects individuals against unreasonable searches and seizures, ensuring that law enforcement actions are justified.

What defines an officer's authority in making an arrest?

An officer must have probable cause to believe that a crime has been committed in order to legally make an arrest.

What is exigent circumstances in the context of law enforcement?

Exigent circumstances allow police to enter a premises without a warrant when there is an immediate need to protect life or prevent evidence destruction.

What is the difference between probable cause and reasonable suspicion?

Probable cause is a higher standard proving belief in a crime's occurrence, while reasonable suspicion requires a lower threshold of belief to justify temporary detainment.

What must occur if an individual invokes their right to counsel during an interrogation?

Interrogation must cease immediately, and law enforcement cannot question the individual until an attorney is present.

What are the consequences of violating the Miranda rights during an interrogation?

Any statements made by an individual during an interrogation after their rights are violated may be inadmissible as evidence in court.

What is search incident to arrest?

A legal doctrine allowing officers to search a person and their immediate surroundings without a warrant when making an arrest.