criminal procedure

What is the definition of a police detention?

A field encounter becomes a detention when the officer engages in a show of authority

What are the 3 types of detention by show of authority?

1. Restraint / block

2. Pursuit

3. Command.

What’s the difference between pursuit and surveillance?

Surveillance lacks a show of force.

If a police officer simply runs after someone, is it automatically considered a detention?

No, there must be a show of authority.

If officers are engaged in a field encounter, and take a pocket knife off of a person while talking, with the promise of returning it, is that considered a seizure?

No, this is a non -intrusive protective measure.

If an officer shines their blue lights on a stationary vehicle, on a public road, is that considered a detention?

No!

Why is an officer putting his blue lights on behind a stationary vehicle on a public way not considered a detention?

Because the blue lights may alert the driver that it is the police approaching and not a threat, and it also alerts passing motorists of their presence so that they can move over, ensuring the safety of the officer

Is an officers white light considered a detention?

No! If your eyes can be there, your white light can be there.

Can white lights be considered a seizure?

No, white lights are not a seizure, it’s not a show of authority. it is for illumination

What force can be used to detain someone?

Depends on the facts. It must be Reasonable.

What are the 4 reasons to order someone out of a car?

1. Safety

2. Investigation

3. Police function

4. Community caretaking

Why does the SJC allow officers to order individuals out of the car when an officer has reasonable suspicion to believe that the occupants have engaged in criminal activity?

1. any motorist that is detained by the police for a criminal investigation….has an incentive to flee.

2. When there are multiple occupants in the vehicle, officers may order them out to prevent collaborating and fabrication.

For the purposes of exit orders, what are the 3 police functions that permits officers to order individuals out of the car?

Police functions pertain to the vehicle.

Police either:

1. Sniff them

2. Search them

3. Tow them

Is a k9 sniff inside a vehicle a search requiring probable cause?

No it is not. It is a detention requiring reasonable suspicion.

What standard constitutes a frisk?

2 reasonable suspicions

1. That there is criminal activity

2. The suspect is armed and dangerous

Can officers use consent to frisk a person for their safety?

No, do not use consent as a protection tactic. Consent is a an evidence gathering tool only. Unless for courtesy transports.

Regarding frisks, What is the most important factor in an officers reasonable suspicion?

The crime under investigation.

If you are investigating 1 guy for a home invasion and another for trespassing, which one is it appropriate to frisk?

Officers respond to a call of a male party walking down the street with a gun in his bag. Are officers permitted to stop and frisk him?

No, absent of any other information, simple having a gun is not sufficient for a stop and frisk. But a field encounter is acceptable

What “plus factors” could be added to an otherwise innocent report of a person having a gun, that would grant officers reasonable suspicion to stop and frisk?

Plus factors:

1. The suspect appears or is probably under 21

2. Past arrest with guns.

3. Suspect was ineligible for an (LTC), such as being a convicted felon.

4. Report that suspect fired gun

5. Report that suspect pointed gun

6. Report that suspect is selling guns

7. Report that suspect loading the gun

8. Brandishing

9. Intoxication

10. Concealing

11. No holster

If officers are serving an arrest warrant on an individual, is simply having the warrant enough to warrant entry into the home?

No, officers must have a warrant, and reasonable suspicion that the defendant is there.

A suspect exposed himself at a store. It is believed that he lives at 286 Lothrop st. Officers knock on the door and the suspect answers wearing the exact same clothes from the video giving them probable cause. Can officers arrest the suspect?

No, although the suspect committed a felony, officers can only perform a warrantless arrest for a felony when in public. If the suspect makes it home, we must obtain a warrant.

What is the standard for placing someone on protective custody?

Probable cause. It is more likely than not that if left alone, they would hurt themselves

What is the primary purpose of the booking process?

To identify the detainee