Police Academy Exam 2

What is Probable Cause

Facts or Circumstances that would lead a reasonable and prudent person to believe that a crime is being, has been, or is about to be committed

What three things does Probable Cause need

1. Facts or Circumstances

2. Reasonable person

3. A crime

How many tiers are there to a police/citizen contact and what are they

1. Tier 1-Verbal encounter

2. Tier 2-Breif seizure

3. Tier 3-Arrest

What is a tier 1 encounter

A verbal encounter; Communication between a police officer and a citizen involving no coercion or detention

What are the three elements of arrest

1. Intent

2. Seizure

3. Communication and understanding

What is a Tier 2 encounter

Brief seizure; It must be supported by Articulable Reasonable Suspicion

What is a Tier 3 encounter

Full scale arrest that is supported by probable cause

What is ARS

Articulable Reasonable Suspicion; Reasonable suspicion that can be articulated

What is Seizure

1. A government termination of movement through means intentionally applied

or

2. A government interference with an individual’s possessory interest in property seized

What are the two ways to seize a person

1. Actual Seizure (physical force)

2. Constructive Seizure (show of authority)

Can an arrest be made by an officer with a warrant

yes

What are the 6 reasons an officer can make an arrest without a warrant

1. The offence is committed in the officer’s presence or within an immediate knowledge

2. The offender is endeavoring to escape

3. There is probable cause to believe an act of family violence has been committed

4. The officer has probable cause to believe that offender has violated a criminal family violence, so long that the officer does not have any prior or current familial relationship with the alleged victim or offender

5. The officer has probable cause to believe that an offense involving physical abuse has committed against an adult that is physically or mentally impaired and cannot defend themselves

6. Failure of Justice

What kind of arrest is an arrest by issuance of a traffic citation

non custodial arrest

What are the three reasons for a non custodial arrest

1. occurs in officers presence

2. information received from another officer

3. the violation was the result of a motor vehicle accident

What does the 4th amendment have to do with arrests

It keeps people free from unreasonable search and seizures, so all arrest must be reasonable

Is an arrest a seizure of a person

yes

does use of force have to be reasonable

yes

What is arrest based on personal observation of peace officer

Arrests can be made based on legally obtained observation

What is probable cause collective knowledge

Probable cause based on some degree of communication is used, not just based on the officer’s knowledge that is making the arrest

What are the three ways that probable cause collective knowledge can be obtained

1. NCIC/GCIC printouts

2. Radio communications

3. Flyers/Bulletins

What is Morris V. State

A person gave fake names and lied to officers after being stopped at an airport, and was arrested. After Morris was arrested, he was found to have drugs and was arrested.

What was the result of Morris V. State

Giving an officer fake identifying information is probable cause for an arrest

What was California V. Hodari

In California, an officer wearing plain clothes and a jacket that said “police” jumped out of a car and started chasing a group of youths. One of them, Hodari, dropped a bag of drugs before being tackled and arrested for the drugs.

What did California V. Hodari teach

That in order for a legal seizure to take place, a actual or constructive force must be used, and if any fruit of a crime is produced before the force is used, then it cannot be used to charge a crime

What are the two parts to any warrant

1. Affidavit - A sworn statement

2. Command - Order of a court

What does 17-4-24 say

Every law enforcement officer is bound to execute all penal warrants given to him/her

What does 17-4-25 say

An officer may arrest any person with a warrant from any county in any county

What does 17-4-26 say

Every person shall have their first hearing within 72 hours of being arrested

What does 17-4-40 say

Any judge of a Superior, city, state, or magistrate court or a municipal officer with powers of a magistrate court may issue warrants for the arrest of any offender based on the probable cause of either the judge or the officer’s own knowledge

What does 17-4-40 (b) say

Any person who is not a peace officer or law enforcement officer, and the application alleges the commission of an offense against the penal laws, the judge or other officer shall schedule a warrant application hearing

When does 17-4-40 (b) not apply

When the accused has been taken into custody

What does 17-4-44 say

An arrest warrant may be issued in any county, even if the crime was committed in another county

What are the 6 ways a non officer can make an arrest

1. detention by private person

2. retail establishment and shoplifting

3. food services and theft of services

4. Any business owner and theft by taking

5. weight inspector while performing duties

6. licensed private detective during his duties

What type of people are immune to arrest

Military persons, members of both government houses, and foreign nationals

What does People V. Chiagles teach

The person empowered to arrest must be empowered to disarm

What have American courts have long recognized what

American courts have long recognized a police officer’s authority to search individuals without a search warrant incident to their arrest

Must a warrantless search incident to arrest be a lawful arrest

yes

The right of an officer to search is NOT limited to what

Where weapons or evidence of the crime are likely to be found

What was Chimel V. California say

Chimel was arrested in his home for burglary, and the officers searched his entire house

What did Chimel V. California teach

Police are only allowed to search only the person and the area the arrestee has immediate control over

What purposes can an officer reasonably search the person being arrested and the person’s immediate presence

1. protecting the officer from attack

2. preventing the person from excepting

3. discovering or seizing the fruits of the crime for which the person is being arrested for

4. discovering or seizing any instruments, articles, or things that are being used or may have been used in the commission of a crime

What is the scope of a search incident to an arrest

the person arrested as well as the area an arrestee might reach in order to grab a weapon or destroy evidence (lunge area)

What kind of arrest does a search incident to a lawful arrest

A custodial arrest

Is the motivation for a lawful search incident to an arrest relevant or irrelevant

Irrelevant

When may a search incident to a lawful arrest take place

At the time of the arrest and at the jail before being inventoried

Can items be searched without a search warrant after they have been inventoried into a jail

No

Can a person and the immediate area of the person be searched without a search warrant and probable case if the person is in their vehicle at the time of their arrest

no

What was Arizona V. Grant

A tip that an address was selling drugs was given to law enforcement. When being told that the owner was not home, the officers went and checks the records and found that Gant had a suspended license. The officers waited till the person got home, and acted on the warrant for the suspended license, and arrested both Gant and the other person. After they were arrested, the officers searched the vehicle and found weapons and narcotics and arrested them both for it.

What did Arizona V. Gant teach

That officers can only search the arrestee and the immediate area, or lunge area. It also taught that officers can only search areas outside of that if the area has nexus to the crime the person is being arrested for.

What is Protective Sweep

A limited search of the premises conducted primarily to ensure the safety of police officers by detecting the presence of others; Is done in conjunction with an in home arrest

What was Maryland V. Buie

Police officers were investigating a armed robbery by two men, one of which was wearing a red jogging suit. Officers called the home of Buie to make sure that he was home, after the officers got to Buie’s home, they began a search. The officers called into the basement to get people to come out, and Buie came out and both men were arrested, after which in the basement, the tracksuit was found and used as evidence. The supreme court determined that the suit being taken from the basement because it was found in a protective sweep.

What did Maryland V. Buie teach

That officers are allowed to do a protective sweep on a in-home arrest for the sake of officer safety, so long as the protective sweep is reasonable based on articulable fact

What are the Principles

1. Quick and limited search

2. No warrant or probable cause is required

3. Any search that goes beyond the immediate area requires reasonable suspicion

What tier is a Stop and frisk and what is it

Tier 2, It is a stop where you pat them down to do a limited search

What was Terry V. Ohio

Terry and two other guys walked passed a store front many times. An officer in plain clothes stops Terry and does a stop and frisk on Terry and the other gentleman, and finds weapons on two of them. The officer charges Terry and the gentlemen, and the case went to supreme court, and was determined that the stop and frisk was legal

What did Terry V. Ohio teach

That an officer is allowed to conduct a quick and limited search of the outer clothes of a person in attempt to locate weapons, and any weapons found can be seized and taken into evidence against the person that it was found on. Must have articulable facts

What is a stop

a temporary investigative detention of an individual short of an arrest

What is a Frisk

the pat down of an individuals outer clothing to determine whether he is carrying a weapon

What level of Proof needed for a lawful stop and frisk

Level two and Articulable Reasonable Suspicion

What did United States V. Cortez teach

An investigatory stop must be justified by ARS

What does Brown V. State teach

Any stop of a moving vehicle has to be treated as a detention, so ARS is needed

What does Delaware V. Prouse teach

Stopping an automobile and detaining the driver in order to check his driver’s license and the registration for the automobile are unreasonable under the 4th Amendment; Random stops are unlawful

What is a Stop and Identify Statutes

It is a field interview of a person based on the ARS from Loitering and Prowling

What does something have to be in order for it to be considered plain feel

It has to be “Immediately Apparent”

When is a Frisk usually justified

1. There are concerns for safety for the officers or for others

2. There is suspicion that the suspect is armed and dangerous

3. There is suspicion that the suspect is about to commit a crime and a weapon is commonly used

What are some concerns for an officer for a frisk to be used

1. The officer is alone and does not have backup

2. The number of suspects and their physical size

3. The emotions, behaviors, and looks of the suspects

What tier can handcuffs first be used

Tier 2

What are some circumstances for an officer to handcuff in tier 2 encounter

1. You are alone

2. Known gang members

3. You are familiar with the person and they have a history of violence

What is the scope of a Terry stop and frisk

Limited to identification and limited questioning reasonably related to the circumstances that can be justified

What are some investigative techniques

1. An officer may communicate with other officers or private citizen in an effort to verify or confirm the identity

2. Use of detention may be needed for an officer to see if a crime has occurred in the area

3. If a known crime has occurred, a witness of the crime may view the suspect

What happens if the detention is too long or involves moving the subject

The detention becomes unreasonable

What are some duties associated with a traffic stop (DUI)

1. Ask for the driver’s license

2. Ask questions related to the DUI

3. Administer SFST

What are some duties associated with any traffic detention checks

1. License

2. Registration

3. VIN number

4. Identification