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205 Contact Detention and Arrest
Terms in this set (22)
None. No force may be used.
in a voluntary contact, how much force may be used?
No search may be authorized.
in a voluntray contact, what type of search may be authorized?
No, they are not in custody. But be cautious.
Is miranda required during a voluntary contact if one wishes to ask guilt-seeking questions?
in a temporary or investigative detention, what type of 4th amendment seizure is it?
reasonable suspicion (totality of the circumstances
What minimum justification is needed in a temporary or investigative detention?
time, force, movement
what are the three general restrictions on detentions which should be observed by an officer who does not have probable cause for an arrest?
what type of search may be authorized for a detained suspect?
Peace Officer's reasons (articulate)
what must be documented when using handcuffs in a detention situation to prevent it becoming a de facto arrest?
Probable cause; arrest warrant (not required)
what legal athority is required to arrest subjects in a public place?
Pressing; demanding (bomb, hostage)
1.] probable cause (with legal standing-called there/warrant); 2.] no consent or residence; 3.] forcible entry (reason to believe that they are 100% inside); arrest warrant or exingent circumstances.
What legal athority is required to arrest subjects in a suspects residence?
1.] felony arrest warrant; 2.] protection of third party; 3.] no consent or emergency; 4.] search warrant
What legal athority is required to arrest subjects in a third party residence?
allows certified peace officers to make a full custodial arrest for traffic offenses, including infractions.
Iowa v Knowles (1998)
an officer may, at his/her discretion, make a custodial arrest of an individual for any criminal offense, even offenses that would only be punishable by a fine.
Atwater v. City of Lago Vista (2001)
using your own judgement; picking your battles.
expanded Court decision in U.S. v. Whren (1996) which established that officers may arrest for any crime for which they have probable cause with having to show that the arrest was a pretext for a desire to investigate another crime.
Arkansas v. Sullivan (2001)
deprive a person of freedom of movement in a significant way
in a temporay detention, what fourth amendment seizure is it?
affirmation that totality of the circumstances is the basis for determining if reasonable suspicion exists, even if the factors used to develop R/S are have innocent explanations by themselves
U.S. v. Arvizu (2002)
an investigative/temporary detention search is called
yes, unless it appears to be custodial to the general public. (information necessary for the safety of the public)
is Miranda required during a detention if one wishes to ask guilt seeking questions?
What can you do if suspect refuses to answer questions in a temporary detention?
This set is often in folders with...
203 Rules of Evidence
204 Admissions, Confessions, Miranda rights
206 prisoner rights and provileges
207 searches, seizures, and the search warrant
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