Study sets, textbooks, questions
Upgrade to remove ads
LD 15 Laws of Arrest - Version 4.6
Terms in this set (74)
Enough facts to make it reasonable to suspect that criminal activity is occurring
T/F Reasonable suspicion is required to justify a detention.
A set of facts that would make an ordinary person believe the person being arrested committed a crime.
Occurs when an expectation of privacy is infringed upon by the gov't.
Seizure of a person
Occurs when an officer physically applies force to a person or when that person voluntarily submits to an officer's authority
Under color of law
this means an action carried out as if under the authority of law, but is actually done in violation of the law.
face to face contact with a person in which they feel they could freely leave if they wanted to.
Requesting information, interviewing witnesses, conversing casually, disseminating information are all appropriate actions for a...
False - Must let them go
T/F If people refuse to cooperate during a consensual encounter, the peace officer may detain them for further investigation.
Conduct elevating consensual encounter to Detention
Using emergency lights, positioning self so as to prevent the person from leaving freely, Issuing orders or commands, keeping a person's ID, pat-down without permission
Amendment that provides protection from illegal search and seizure and defines procedures officers must follow when obtaining a warrant
Amendment declares people cannot be compelled to testify against themselves, cant be tried twice for same crime, due process
Established by the US Supreme Court in 1966 protecting a subject's 5th Amendment rights against self -incrimination
Can be used in a court of law
A person who committed a crime is read his Miranda Rights and agrees to answers questions and confesses to the crime. Can the confession be used in court at this point or will it be suppressed?
Will be suppressed
A person commits a crime and is read his Miranda Rights, suspect requests his attorney, but officer continues to question and eventually obtains a confession. Can be used or will be suppressed in court?
Will be suppressed
A person commits a crime. Before he is read his rights, the officer questions him about the crime and obtains a confession. Can this be used or will it be suppressed in court?
The right to a speedy trial, to confront witnesses, obtain witnesses in their favor, right to council
Anybody in the US
Who is protected by the 14th amendment promise of due process and equal protection
Title 42 states individuals acting under color of law who deprive someone of legal rights can be held ____ ____
Title 18 Section 241 makes it a _____ _____ for two or more persons to conspire to injure, oppress, threaten, or intimidate someone for something they have a legal right to do.
Title 18 Section 242 makes it a ______ ____ to deprive a person, under color of law, of any legal right, or to punish a person differently because of race, color, or citizenship
A man is walking through a shopping center at 0120 hrs. all the stores were closed,, the officer shine a spotlight on him and ask,"is everything okay?" Is this consensual or a detention?
A man is walking through a shopping center at 0120 hrs. all the stores were closed,, the officer shine a spotlight and ask him to,"come over here, I wanna talk to you." Consensual or Detention?
_____ _____ must exist to make a lawful detention
Reasonable suspicion cannot be based on a hunch or instincts. True or False
A detainee does not have to answer questions from an officer. Does this provide probable cause then to escalate the detention to an arrest?
A person who flees from a lawful detention or gives incorrect/misleading answers may be arrested, provided it is obstructing an ______
cursory pat search
During a detention, searches are not normally permitted, however, if the officer has a factual basis that the suspect could be carrying a weapon, officers can conduct a _____/_____ search
If a person attempts to leave during a legal detention, the officer may use _____ force to compel him to stay.
Uncooperative individuals during a detention may be handcuffed or placed in the back of the car. This does not necessarily escalate it to an arrest though. True or False
An officer sees a nervous looking woman and a man exchange a baggy for money; he then walks away. Is the officer justified in detaining the man and the woman on resonable suspicion of drug dealing?
An officer was driving when a car passed him. The car swerved and almost hit another car. The officer had _____ _____ to stop the driver for vehicle code violations.
An anonymous tip is a sufficient basis to detain someone. True or False?
An officer approached a man, known for selling drugs, in an alley and asked if they could talk. The officer obtains general info and fills out a field identification card and ran a records check. Casual encounter or Detention?
No - it was a lawful detention
A peace officer detains a person based on descriptions given and the area of the robbery. When field I.D.'d the store owner said the man was not the robber. Was this detention a violation of that person rights?
A ______ must be temporary and last no longer than is necessary to resolve the reason for the stop.
witness, suspect, suspect
During a field showup, the _____ must be brought to the _____ unless the _____ gives permission
Reasonable suspicion of criminal activity must exist to make a lawful _____
handcuffs, patrol vehicle
Two ways of physically restraining an uncooperative person during a detention are _______ and/or placed in a ______ ______
There is ______ ____ to arrest when a set of facts exist that would cause a person of ordinary care to entertain a strong belief that the person to be arrested is guilty of committing a crime
An arrest may be made by a civilian
The arrestee must be told that he is being arrested, the reason for being arrested, and by what authority. True or False
If the person to be arrested is actually committing the crime or attempting to escape, is it still required to tell them Intent, Cause and Authority
A warrantless arrest is a violation of the fourth amendment unless it is supported by _____ _____
True - PC 836
A warrantless felony arrest is good if the the crime was committed in officer presence, not in officer's presence, and regardless of whether or not the felony was even committed.
is Driving under the influence a good warrantless arrest?
Can a person carry a loaded firearm on his person or in a vehicle while in any public place or on any public street? Can you arrest him warrantless for this reason?
a person violates a domestic protective or restraining order, and the officer was responding to a call alleging the same. Can that person be arrested without a warrant?
a person carried a concealed firearm into an airport. Is that grounds for a warrantless arrest?
Knock and notice
Before entering a dwelling to make an arrest, with or without a warrant officers must identify themselves to the person inside by what procedure?
6 a.m. and 10 p.m.
Warrant arrest for felonies may be made anytime, any day. Warrant arrests for misdemeanors must be made between ___a.m. and ___p.m. unless the warrant is endorsed for nighttime service.
An officer sees contraband or evidence in plain from a lawful location. Can he automatically enter the property without a warrant to seize it?
consent, exigent circs, right to parole probation search
An officer sees contraband or evidence in plain from a lawful location. What must the officer have to lawfully access the dwelling in this case
A private person is not held to the same standards as a government peace officer when it com to this amendment regarding search and seizure
Penal code that authorizes peace officers to use reasonable force to make an arrest, prevent his escape, or overcome resistance
If the arrest is made pursuant to a warrant, felony or misdemeanor, the arresting officer must proceed with the arrestee as commanded in the _____.
A person arrested for an infraction is normally ___ and released with a signed promise to appear.
A person arrested for a misdemeanor may be cited and released or transported to _____.
with some exceptions, a person arrested without a warrant for a misdemeanor must be cited and _____ in lieu of custody. Once signed and promised to appear or post a bail, they are released.
A person arrested for an infraction may be taken into custody if he fails to present satisfactory identification, or refuses to _____ the promise to appear
Release, Cite, take person to nearest magistrate
The peace officer's duty in response to a private person arrest
Stale misdemeanors,, foreign diplomats, and statutes of limitations are all _____ to the powers to arrest
No person shall be compelled to be a witness against himself.
The purpose of Miranda warnings
When a person in custody is about to be _______ by an officer, that person should be advised of their Miranda Rights
Warning, Understanding, Waiving or Invoking
Proper administration of the Miranda warnings means
Once a person invokes the right to silence, all ______ must cease
The invocation of a right to council can only be invoked by a ____ and express request for an attorney.
Unless both ____ and interrogation exist, there are no Miranda rights to invoke.
Expressed, Implied, Conditional
Three ways a person can waive Miranda warnings
A police officer is not required to give Miranda warnings if there is _______ concern for the safety of a person or the public.
The process of questioning non-suspects such as victims or witnesses who typically are willing to cooperate.
the process of questioning suspects who often may be unwilling to provide information to investigating officers.
certain facts that tend to incriminate the individual, but falls short of a confession
commission of all the elements of a crime.
Sets with similar terms
LD 15: Laws of Arrest, Hickman
LD 15: Laws of Arrest
California Peace Officer Standards and Training -…
LD15 Laws of arrest
Sets found in the same folder
LD 16 - Search and Seizure - Version 4.4
**LD 39 - Crimes Against the Justice System - 2014
LD 8 - General Criminal Statutes, Version 4.5
LD 7 - Crimes Against Persons / Death Investigatio…
Other sets by this creator
CSLB Tougher Trade Questions
CSLB Tougher Law Questions
CSLB C20 Trade Tougher Questions
Recommended textbook solutions
Anderson's Business Law and the Legal Environment, Comprehensive Volume
David Twomey, Marianne Jennings, Stephanie Greene
Myers' Psychology for AP
David G Myers
Information Technology Project Management: Providing Measurable Organizational Value
Jack T. Marchewka
Consumer Behavior: Buying, Having, Being
Michael R Solomon
Other Quizlet sets
Phil 1001 midterm
JFB - Fair History Trivia
NASM- Section 1 (ch.1-2)
Biology exam 1 Dr. Freeland