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Define Custody

The IMMEDIATE CARE OR CHARGE of an arrested person.

What responsibilities does an officer have when he/she has the care/custody of an arrestee?

1. Assure lawful basis for custody
2. Protect arrestee's right while under officer's care
3. Maintain care, custody, and safety until processed in local detention facility
4. Officer and public safety
5. Handle responsibilities necessary to process arrestee into local detention facility

How can an officer be held liable for callous disregard for an arrestee's safety?

1. Departmental discipline. (fired)
2. State Prosecution for violating PC's
3. Fed prosecution for violating civil rights laws
4. Civil lawsuits. ( Money out of pocket )

Arresting officer's responsibilities

Care and custody of an arrestee.

Transporting officer's responsibilities

Transporting the arrestee to a local detention facility.

Intake officer's responsibilities

Care and custody of arrestee after receiving arrestee at local detention facility.

What are the circumstances that ensure a legal basis for custody?

1. Court Documents. ( warrants, court orders, etc.)
2. Parole/Probation commitments
3. Probable cause arrests
4. Prisoners in transit

What must a court document contain in order for it to ensure the legal basis for custody?

1. Signature of authority. ( Judge, court clerk)
2. case number
3. violation
4. Bail or sentencing info.

Arrest warrants must contain:

1. defendant's name
2. crime
3. date of warrant
4. city/county where warrant issued
5. signature of authority/ title of office
6. court name or issuing agency
7. amount for bail
Before used officer must confirm warrant is still valid.

Parole or Probation commitment circumstances that ensure legal basis for custody:

Documents submitted by probation/parole agent that direct their confinement
1. Re-imprisonment of a prisoner on parole
2. revocation of probation
3. Suspension of release of outpatient release status
4. suspension/cancellation/revocation of parole for a juvenile

Probable cause arrest circumstances that ensure legal basis for custody:

1. arrest report or booking sheet
at minimum must include name of arrestee and their crime

Transporting a prisoner circumstances:

1. temporary custody from one facility or agency to another
2. legal en route prisoner commitment documents.

What are the rights an arrestee has while under care of a peace officer?

1.First amendment.( religion/ speech)
2. Sixth amendment.( speedy trial/ legal counsel)
3. Eighth amendment ( Protection form cruel and unusual punishment)
4. 14th amendment (due process/ equal protection
5. Physician/ surgeon/ psychologist/ psychiatrist/ attorney visits who is employed by arrestee besides attorney.
6. 3 local phone calls within 1st 3 hours of arrest

What are the fatal errors officers make that jeopardize their safety during a custodial duties

1. Tombstone courage
2.fatigue
3. Bad position
4. Bad attitude
5. Ignoring danger signs
6. failure to watch hands
7. relaxing to soon
8. use of restraint devices
9. no search or poor search
10. Officers' inoperative weapons.

What are the crime elements required for assault of a prisoner under the color of authority?

P.C 149 (Felony)
1. public officer or custodial personnel under color of authority
2. w/o lawful necessity
3. assaults or beats any person

What are the crime elements required for cruel or unusual treatment of prisoners?

P.C 673 (Misdemeanor/ violation of 8th amendment)
1. officer who
2. in jail/ prison/ state hospital etc
3. inflicts cruel/ corporal/ unusual punishment. ( also lack of care)
4. which would injure or impair the health of person confined

What are the crime elements for inhumane or oppressive treatment of a prisoner?

Any officer who WILLFULLY inhumanely treats or oppresses any prisoner under his/her care or custody. (Punishable by fine and termination)

What are some examples of inhumane or oppressive treatment?

1. withholding basic necessities
2. withholding privileges, w/o reason, and
3. taunting or other verbal abuse

What are the crime elements for Violation of a prisoner's civil rights?

P.C 422.6(a) (Misdemeanor)
1. person with or without acting under color of law
2. who shall by force or threat of force
3. willfully deprive any person of any legal right
4. based on their race, color, religion, ancestry, national origin, disability, gender, or sexual orientation
5. or because the person perceives that the other person has one or more of those characteristics

What are the crime elements for securing weapons in detention facilities?

P.C 4574(a) (Felony)
Any person who knowingly brings or assists in bringing/ sending into a local detention facility any firearm/ deadly weapon/ or explosives.
or
Any person who WHILE LAWFULLY CONFINED to a detention facility possesses any firearm/ deadly weapon/ explosive or tear gas or tear gas weapon.

Which class of prisoners require special care or protection? ( Medical care and Prescreening of prisoners)

Person who has or is in:
1. diabetic shock
2. head injuries
3. severe bleeding
4. drug overdose
5. unresponsiveness or unconsciousness
6. chest pain

above persons must be taken to medical personnel prior to incarceration.

Officer is responsible for informing custodial personnel and documenting any of the above observation.

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