LD15 - Laws of Arrest

what are the options for a private person arrest (citizens arrest)

• release them

• cite them

• book them

how many phone calls do an arrestee get after being arrested

adult: 3 completed calls and within 3 hours after being booked

juvie: 2 calls immediately when booked and within 1 hour

what are the statute of limitations for felonies and misdemeanors

• 3 years

• 1 year

if i waive my rights (5th amendment), it must be

• knowingly

• intelligently

• voluntarily

why is it important to note whether he wants to remain silent or wants an attorney

if he wants an attorney, we are all barred from talking to him

during a consensual encounter, who is free to leave

a reasonable person in the same situation

how long can a detention last

long enough to determine if a crime happened and if youre involved

what is the simmons decision

the decision required to tell the victim or witness

what are parts of the simmons decision

• keep an open mind

• not obligated

• if him, prosecute him

• if not him, release him

• how sure are you (percentage)

• whether him or not, investigation will continue

what is ‘people v mckay’

• if stop for traffic violation and you cant produce identification or equivalence, its custodial arrest

• infractions: punishable by fine

a search incident to arrest must be

contemporaneous (at or about the time of the arrest)

under ‘arizona v grant’

what can i search regarding a car

1. all of him

2. arms reach if NOT secured

3. if looking for evidence for the crime im investigating today

if you have a warrant, to get you out of a 3rd party’s residence, I need a

steagald warrant

if im physically chasing you

hot pursuit

the fresh pursuit doctrine applies to

violent felonies only

what is the fresh pursuit doctrine

allows police to continue chasing suspect (violent felonies) who is fleeing

what is the 14th amendment

• equal application of the law

  • race out of place (racial profiling)

under the 6th amendment, why do i get an attorney

b/c the court process is very confrontational and it helps defendant understand the law and defend against potential charges

what is the 6th amendment

right to

• speedy trial

• attorney

• confront witnesses against them and obtain witnesses in their favor

for miranda to apply, what is needed

at the same time

• custody

• interrogation

what is the 5th amendment

• protection against self-incrimination

• double jeopardy (tried twice for same crime)

• miranda rights

• be deprived of liberty, life, or property without due process of law

to arrest you, I need

probable cause (a crime happened and you did it)

what do i need to detain

reasonable suspicion that a crime is

• going to happen

• is happening

• happened

what are the 3 sources of law

• constitutional law

• statutory law (penal codes)

• case law

what are crime elements

parts, pieces, or components that i must prove

what is Terry v. Ohio

• pat/frisk search

• only for weapons

• only if can articulate why

where do case laws come from

appellate court, supreme court

how long can i go in for a exigent circumstance search

long enough to stop the incident

what is the case law for flight +1

Wardlow 2000

(fleeing from the police in a high crime area = reasonable suspicion)

two ways to freeze a house pending a search warrant

• inside

• outside

what is ‘standing’

• ownership

• possession

• control

why do we have to comply with knock notice

• to avoid a violent confrontation with the police and public

• protects privacy

what is the 4th amendment

protection from

• unreasonable search and seizures

• warrants w/o PC

what are the two parts of the 4th amendment

• search & seizure

• warrants

what are the 3 public contacts

• consensual encounter

• detention

• arrest

what is exigent circumstance search

emergency search w/o warrant

• if someone is in imminent danger

• chasing fleeing suspect into a private building

two things needed for a search warrant

• probable cause

• oath of affirmation (information supporting the warrant is truthful)

when is plain view search good

when done from a spot i have the right to be and also by doing nothing extra

who can decide to not comply with knock notice

only an officer on scene

process for knock notice

• knock

• ID yourself (law enforcement)

• state your purpose

• demand entry

• wait a reasonable amount of time

when is a detention complete

when i apply force or he submits

section for a meth pipe

11364 H&S

if he wants an attorney but then changes his mind, i must

• mirandize him again

• get an express waiver (expressing that he waive his rights)

if he invokes his right to silence, i can go back if

• re-mirandize

• time has gone by

• new information about the case

• talk about different crime

what is a protective sweep

• a search of joining rooms only for people for your own safety

• nexus rule applies

difference between:

admission

confession

admitting to some of the facts

confessing to the crime

difference between an:

interview

interrogation

friendly

confrontational

what is a ramey warrant

nothing more than a pre-complaint warrant

• basically an arrest warrant

if the car is parked in a public place, and I have PC (cars, bikes, motorhome, airplanes)

vehicle exception to the warrant requirement (can search car without warrant due to PC)

when does miranda never apply

public safety / emergency rescue

what is the case law for the exclusionary rule

• Mapp v. Ohio

• evidence obtained through an unconstitutional search cannot be used in court

3 things i must tell you when i arrest you

• cause of arrest

• my intent to arrest you

• my authority

when can i arrest for a misdemeanor not in my presence

during any of these violations

• committed by a juvenile

• DUI

• carrying a loaded firearm on person or in vehicle while in public

• violating domestic protective or restraining order

• committing an assault/battery on spouse, cohabitant, parent of child

• committing an assault/battery on school property while school is in session

• committing an assault or battery against a working firefighter, emergency medical technician, or mobile intensive care paramedic

• carrying a concealed weapon at airport