learning domain 15 laws of arrest- 1. 2 constitutional protections-peace officer’s role us...

LEARNINGLEARNING DOMAIN 15 DOMAIN 15

LAWSLAWS OF ARREST- OF ARREST-

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CONSTITUTIONAL CONSTITUTIONAL PROTECTIONS-PEACE PROTECTIONS-PEACE

OFFICER’S ROLEOFFICER’S ROLE US Constitution-1789 (1776)US Constitution-1789 (1776) California Constitution-1879 (1850)California Constitution-1879 (1850) ______________________________ - allow persons to speak - allow persons to speak

freely, exercise religious beliefs, peaceably freely, exercise religious beliefs, peaceably assemble-protect from infringement by assemble-protect from infringement by othersothers

______________________________ – persons are free from – persons are free from unreasonable searches and seizures-unreasonable searches and seizures-conduct searches on probable conduct searches on probable cause____________cause____________

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CONSTITUTIONAL CONSTITUTIONAL PROTECTIONS–PEACE PROTECTIONS–PEACE

OFFICER’S ROLEOFFICER’S ROLE ________________________ – person’s right against – person’s right against

self-incrimination-Mirandaself-incrimination-Miranda ______________________________ – once counsel is – once counsel is

appointed or an attorney is requested, appointed or an attorney is requested, interrogation must interrogation must stopstop

Fourteenth AmendmentFourteenth Amendment – law – law equally applied to equally applied to __________________ regardless of race, creed, nationality, regardless of race, creed, nationality, religious preference, or national origin religious preference, or national origin (_____________________)(_____________________)

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FEDERAL CIVIL RIGHTS FEDERAL CIVIL RIGHTS STATUTESSTATUTES

U.S. Code, Title 42, Section 1983, acting U.S. Code, Title 42, Section 1983, acting under ____________under ____________

U.S. Code, Title 18, Section 241 – (2 or U.S. Code, Title 18, Section 241 – (2 or more people) conspire to injure, oppress, more people) conspire to injure, oppress, __________________________________________

U.S. Code, Title 18, Section 242 – deprive U.S. Code, Title 18, Section 242 – deprive a person under “color of law” based on a person under “color of law” based on color, race, or citizenshipcolor, race, or citizenship

California Equivalent – Penal Code California Equivalent – Penal Code 422.6(a), broader than above422.6(a), broader than above

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CONSENSUAL ENCOUNTERSCONSENSUAL ENCOUNTERS Face to face contact between a Face to face contact between a

private person and a peace officer private person and a peace officer under circumstances that would under circumstances that would cause a ____________ to believe that cause a ____________ to believe that he or she is free to leave and he or she is free to leave and otherwise otherwise ___ ___ cooperatecooperate Florida v. Bostick (1991)Florida v. Bostick (1991) People v. Hughes (2002)People v. Hughes (2002)

Need no legal justification as long as Need no legal justification as long as officer is in a place he has a _________officer is in a place he has a _________

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CONSENSUAL ENCOUNTERSCONSENSUAL ENCOUNTERS EXAMPLESEXAMPLES Witness/Victim interviewWitness/Victim interview Information disseminationInformation dissemination Elevating Consensual EncountersElevating Consensual Encounters

DETENTIONSDETENTIONS A stop or assertion of authority by an officer that A stop or assertion of authority by an officer that

would cause a reasonable person to believe they would cause a reasonable person to believe they are ______________ or disregard the officerare ______________ or disregard the officer

Terry v. Ohio (1968)Terry v. Ohio (1968) Hiibel v. 6Hiibel v. 6thth Judicial Dist Court of NV (2004) Judicial Dist Court of NV (2004)

To have a lawful detention, must have “To have a lawful detention, must have “_________ _________ __________________” to detain” to detain

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DETENTIONSDETENTIONS

RESEASONABLE SUSPICIONRESEASONABLE SUSPICION Enough facts/circumstances to make Enough facts/circumstances to make

it reasonable for the officer to it reasonable for the officer to suspect that criminal activity is about suspect that criminal activity is about to occur, is occurring or has occurred to occur, is occurring or has occurred and the detained person is and the detained person is connected to that criminal activity.connected to that criminal activity.

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REASONABLE SUSPICIONREASONABLE SUSPICION

________ be based on a hunch or ________ be based on a hunch or instinctinstinct

Can be based on observation, Can be based on observation, personal training and experience, or personal training and experience, or information from witnesses, victim(s) information from witnesses, victim(s) or other officers __________________or other officers __________________

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REASONABLE SUSPICIONREASONABLE SUSPICION CONTRIBUTING FACTORS TO

ESTABLISH REASONABLE SUSPICION Appearance of a person (intoxication, Appearance of a person (intoxication,

resemblance to wanted person)resemblance to wanted person) Actions (running from crime scene)Actions (running from crime scene) Driving (irregular, vehicle code vios)Driving (irregular, vehicle code vios) Knowledge of person’s history (probation, Knowledge of person’s history (probation,

parole, etc)parole, etc) Officer training & experience (expertise in Officer training & experience (expertise in

certain areas)certain areas)

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OFFICER ACTIONSOFFICER ACTIONS:: Once detained, officer can take Once detained, officer can take

whatever investigative actions are whatever investigative actions are reasonable under the circumstances reasonable under the circumstances to determine the person’s possible to determine the person’s possible participation in the crimeparticipation in the crime

Detention can __________________ Detention can __________________ necessary to resolve the reason for necessary to resolve the reason for the stopthe stop

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COMMON ACTIONSCOMMON ACTIONS Questioning about identity and Questioning about identity and

conductconduct Contacting others to confirm/verifyContacting others to confirm/verify ______________________________ Bringing victim/witness to suspect for Bringing victim/witness to suspect for

identificationidentification

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SEARCHES DURING DETENTIONSSEARCHES DURING DETENTIONS ____________ allowed only under ____________ allowed only under

certain conditions-outer clothing, certain conditions-outer clothing, only for weaponsonly for weapons

________________________________ Further discussion during “Search Further discussion during “Search

and Seizure”and Seizure”

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Use of force:Use of force:

Uncooperative subjects can be Uncooperative subjects can be _________ and/or placed in a patrol _________ and/or placed in a patrol vehiclevehicle

Does not elevate the detention to an Does not elevate the detention to an arrestarrest

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ARRESTSARRESTS

DEFINITION:DEFINITION:

The taking of a person into custody The taking of a person into custody in a case and manner authorized by in a case and manner authorized by law (PC834)law (PC834)

Before and arrest can be made, you Before and arrest can be made, you must have ___________________must have ___________________

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PROBABLE CAUSEPROBABLE CAUSE

DEFINITIONDEFINITION A set of facts that would cause a person A set of facts that would cause a person

of ordinary care and prudence to of ordinary care and prudence to entertain an honest and strong belief entertain an honest and strong belief that the person to be arrested is guilty that the person to be arrested is guilty of a crimeof a crime

More information needed than More information needed than __________________

____________________________

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PROBABALE CAUSEPROBABALE CAUSE

Facts required to establish Probable Facts required to establish Probable Cause may include:Cause may include:

Direct investigation reportDirect investigation report ______________________________________ Second hand statements from Second hand statements from

reliable information (source)reliable information (source) Officer training and experienceOfficer training and experience

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ELEMENTS OF A LAWFUL ELEMENTS OF A LAWFUL ARRESTARREST

May be made by a peace officer or a May be made by a peace officer or a ____________________________________

Arrested person must be taken into Arrested person must be taken into custody in a case and manner authorized custody in a case and manner authorized by law (PC 834- 1872)by law (PC 834- 1872)

May be made by actual restraint of the May be made by actual restraint of the person, or by the person’s submission to person, or by the person’s submission to the officer’s authority (PC 835)the officer’s authority (PC 835)

_____________ may be used to make an _____________ may be used to make an arrest, prevent escape, or overcome arrest, prevent escape, or overcome resistance (PC 835a)resistance (PC 835a)

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INFORMATION GIVEN TO AN INFORMATION GIVEN TO AN ARRESTED PERSONARRESTED PERSON

841 PC requires that person making 841 PC requires that person making the arrest must convey certain the arrest must convey certain informationinformation

Intent (to arrest)Intent (to arrest) Cause (to arrest)Cause (to arrest) ___________(may be inferred)___________(may be inferred) Two situations in which officer is not Two situations in which officer is not

required:required:1)1) Arrested person actually committing Arrested person actually committing

an offensean offense2)2) Attempting to escapeAttempting to escape HOWEVERHOWEVER, must always tell if they ask, must always tell if they ask

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WARRENTLESS ARRESTS WARRENTLESS ARRESTS MISDEMEANORSMISDEMEANORS

Whenever offense committed in Whenever offense committed in officer’s presence PC 836(a)(1)officer’s presence PC 836(a)(1)

Normally a Normally a misdemeanormisdemeanor, , _____________ in the officer’s _____________ in the officer’s presence cannot be made, however, presence cannot be made, however, there are exceptions:there are exceptions:

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WARRANTLESS ARRESTS WARRANTLESS ARRESTS MISDEMEANORSMISDEMEANORS

EXCEPTIONS:EXCEPTIONS:1.1. Offense committed by a juvenile (625WIC)Offense committed by a juvenile (625WIC)2.2. Driving while under the influence ( VC Driving while under the influence ( VC

40300.5 & 4060040300.5 & 406003.3. Carrying a loaded firearm on one’s person Carrying a loaded firearm on one’s person

or in a vehicle while in a public place or on or in a vehicle while in a public place or on any public street (PC 12031(a)(4)(A)any public street (PC 12031(a)(4)(A)

4.4. Violating a domestic violence restraining Violating a domestic violence restraining order, when officer responding to same order, when officer responding to same (PC836(c)-(PC836(c)-________________________________________________________

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EXCEPTIONS CONT.EXCEPTIONS CONT.5.5. Assault or battery on spouse, Assault or battery on spouse,

cohabitant, or the parent of his/her child cohabitant, or the parent of his/her child (PC 836(d)(PC 836(d)

6.6. Assault or battery against a working Assault or battery against a working firefighter, emergency medical firefighter, emergency medical technician or mobile intensive care technician or mobile intensive care paramedic (PC 836.1)paramedic (PC 836.1)

7.7. Assault or battery on ________________ Assault or battery on ________________ when the school is in session (PC 243.5)when the school is in session (PC 243.5)

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WARRANTLESS ARREST WARRANTLESS ARREST MISDEMEANORSMISDEMEANORS

EXCEPTIONS CONT.EXCEPTIONS CONT.

8.8. Carrying a concealed firearm in an Carrying a concealed firearm in an airport inspection area (PC 836(e))airport inspection area (PC 836(e))

9.9. Assault or battery on a person over Assault or battery on a person over the ________ who is related to the the ________ who is related to the suspect by blood or legal suspect by blood or legal guardianship (PC 243.25) also (PC guardianship (PC 243.25) also (PC 368 elder abuse)368 elder abuse)

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TIME OF ARREST:TIME OF ARREST: Must be made between the hours of Must be made between the hours of

6 AM and ________ 6 AM and ________ UNLESSUNLESS

1.1. Crime is committed in the officer’s Crime is committed in the officer’s presencepresence

2.2. Arrest is made in a public placeArrest is made in a public place

3.3. Suspect already in custody on Suspect already in custody on another lawful arrestanother lawful arrest

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WARRANTLESS ARRESTS WARRANTLESS ARRESTS FELONIESFELONIES

Can be made when the person to be Can be made when the person to be arrested:arrested:

1)1) Committed ______ in the officer’s Committed ______ in the officer’s presence (PC 836(a)(1))presence (PC 836(a)(1))

2)2) Probable Cause to believe that a felony Probable Cause to believe that a felony was committed not in the officer’s was committed not in the officer’s presence (PC 836(a)(2))presence (PC 836(a)(2))

3)3) Probable Cause to believe felony Probable Cause to believe felony committed, regardless of whether the committed, regardless of whether the felony was, in fact, committed (PC 836(a)felony was, in fact, committed (PC 836(a)(3))(3))

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WARRANTLESS ARRESTS WARRANTLESS ARRESTS FELONIESFELONIES

TIME OF ARRESTTIME OF ARREST ___________ of the day or night on any ___________ of the day or night on any

day of the weekday of the week

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ELEMENTS OF A WARRANT ELEMENTS OF A WARRANT ARRESTARREST

WARRANTWARRANT – order signed by a – order signed by a ________ which directs and ________ which directs and commands a peace officer to arrest commands a peace officer to arrest the person named on the warrant for the person named on the warrant for the offense named on the warrantthe offense named on the warrant

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ELEMENTS OF WARRANT ELEMENTS OF WARRANT ARRESTSARRESTS

WARRANT CONTAINS:WARRANT CONTAINS:1.1. Name of the defendant (alias)Name of the defendant (alias)2.2. Crime that defendant is suspected of Crime that defendant is suspected of

committingcommitting3.3. ____________________________________________4.4. City/county where issuedCity/county where issued5.5. Signature of judge, name of court issuingSignature of judge, name of court issuing6.6. Amount of bail (or no bail)Amount of bail (or no bail)7.7. __________________________________________

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WARRANT ARRESTSWARRANT ARRESTS

TIME OF ARRESTTIME OF ARREST::

1.1. FeloniesFelonies – anytime of day or night – anytime of day or night on any day of the week (PC 840)on any day of the week (PC 840)

2.2. MisdemeanorsMisdemeanors – must be made – must be made between ___________________ unless between ___________________ unless endorsed for night serviceendorsed for night service

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WARRANTS – ENTRY TO MAKE WARRANTS – ENTRY TO MAKE ARRESTARREST

BEFORE ENTERING A PRIVATE BEFORE ENTERING A PRIVATE DWELLING TO MAKE AN ARREST, AN DWELLING TO MAKE AN ARREST, AN OFFICER MUST:OFFICER MUST:

1.1. Have consent, exigent Have consent, exigent circumstances; parole or searchable circumstances; parole or searchable probation;probation;

2.2. Have an arrest Have an arrest warrant & PCwarrant & PC to to believe the subject to be arrested is believe the subject to be arrested is actually inside, andactually inside, and

3.3. Comply with knock & notice Comply with knock & notice requirements (PC 844)requirements (PC 844)

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KNOCK AND NOTICEKNOCK AND NOTICE Means that before entering a Means that before entering a

dwelling to make an arrest, with or dwelling to make an arrest, with or without a warrant, officer must give without a warrant, officer must give the person(s) inside certain the person(s) inside certain information (PC 844)information (PC 844)

1.1. Announce presenceAnnounce presence2.2. ID as a peace officerID as a peace officer3.3. ____________________________4.4. Demand entryDemand entry5.5. Wait a reasonable amount of time Wait a reasonable amount of time

(circumstances dictate) and(circumstances dictate) and6.6. If necessary, ___________If necessary, ___________

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KNOCK & NOTICE EXCEPTIONSKNOCK & NOTICE EXCEPTIONS

Consent –Consent – must be voluntary must be voluntary _________________:_________________:

1.1. Hot pursuitHot pursuit

2.2. Imminent threat to lifeImminent threat to life

3.3. Imminent threat to property (smell Imminent threat to property (smell of natural gas, etc.)of natural gas, etc.)

4.4. Imminent threat of suspect escapeImminent threat of suspect escape

5.5. Imminent threat of destruction of Imminent threat of destruction of __________ or contraband__________ or contraband

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ARREST BY PRIVATE PERSONARREST BY PRIVATE PERSON

Can arrest for any offense committed Can arrest for any offense committed in their presencein their presence

Can arrest if felony actually has been Can arrest if felony actually has been committed and committed and ________________________ to to believe person committed the felonybelieve person committed the felony

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When arrest is made they are When arrest is made they are required, without unnecessary delay:required, without unnecessary delay:

Take the person before a magistrate, Take the person before a magistrate, oror

Deliver the arrested person to a Deliver the arrested person to a peace officerpeace officer

Can make warrantless entries on Can make warrantless entries on _________ only_________ only

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Peace officer Peace officer cancan receive an arrest receive an arrest by private person (PC 142) Not by private person (PC 142) Not required as of 1/1/03.required as of 1/1/03.

Once received, officer may:Once received, officer may: Release – (PC 849(b)(1))Release – (PC 849(b)(1)) Cite – (PC 853)Cite – (PC 853) Take _________________Take _________________ Exemption______________Exemption______________

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USE OF FORCEUSE OF FORCE

PC 835 authorizes use of a level of PC 835 authorizes use of a level of force that is reasonable and force that is reasonable and necessary to make an arrest, prevent necessary to make an arrest, prevent escape or overcome resistanceescape or overcome resistance

Cannot use ____________Cannot use ____________ Cannot use excessive force, assault Cannot use excessive force, assault

or beat, or subject a prisoner to or beat, or subject a prisoner to inhumane treatment (PC 149, 147) inhumane treatment (PC 149, 147) __________________________

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DISPOSTION OF ARRESTED DISPOSTION OF ARRESTED PERSONPERSON

Differs with nature of the Differs with nature of the offense:offense: WarrantWarrant – proceed as commanded – proceed as commanded

on the warranton the warrant __________________ – normally cite and release, – normally cite and release,

however can be arrested if fails to however can be arrested if fails to present satisfactory ID, refuses to present satisfactory ID, refuses to sign cite, or if any of the exceptions sign cite, or if any of the exceptions listed in PC 853.5 existlisted in PC 853.5 exist

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MisdemeanorsMisdemeanors – normally cite and – normally cite and release-release-exceptionsexceptions::

Immediate release might jeopardize Immediate release might jeopardize prosecutionprosecution

Likelihood offense may continue, placing Likelihood offense may continue, placing people/property in dangerpeople/property in danger

____________________________________________ Outstanding warrants or violated a Outstanding warrants or violated a

protective orderprotective order Demands to be taken before a judge or Demands to be taken before a judge or

refuses to sign citerefuses to sign cite

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Exceptions cont.Exceptions cont. Arrested for DUI or any offense listed in VC Arrested for DUI or any offense listed in VC

40302(a) & 4030340302(a) & 40303 Officers have reason to believe that subject Officers have reason to believe that subject

will will ____________appear at the time and date appear at the time and date specified in notice (must give reason for specified in notice (must give reason for belief)belief)

Arrest for misd vio of protective orderArrest for misd vio of protective order Arrest is made pursuant to policy for Arrest is made pursuant to policy for

responding to domestic abuse call (PC 13701)responding to domestic abuse call (PC 13701)

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Warrantless arrest releases (PC 849(b))Warrantless arrest releases (PC 849(b)) PC 849(b)(1) – insufficient grounds for PC 849(b)(1) – insufficient grounds for

complaintcomplaint PC 849(b)(2) – intoxication only, no PC 849(b)(2) – intoxication only, no

further action requestedfurther action requested PC 849(b)(3) – arrest for under PC 849(b)(3) – arrest for under

influence of drugs, person is delivered influence of drugs, person is delivered to treatment facility, no further action to treatment facility, no further action desirabledesirable

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Probable Cause Hearing (PC 1538.5(B)(iii)Probable Cause Hearing (PC 1538.5(B)(iii) Phone calls:Phone calls: Immediately after being booked and within Immediately after being booked and within

___________ hours of being arrested, must be ___________ hours of being arrested, must be allowed to make at least three (3) completed allowed to make at least three (3) completed calls (PC 851.5)calls (PC 851.5)

Juveniles allowed at least two calls immediately Juveniles allowed at least two calls immediately upon being taken into custody (W&I 627)upon being taken into custody (W&I 627)

Deprivation of these rights is a misd (PC Deprivation of these rights is a misd (PC 851.5(f)851.5(f)

Visitation _____________________Visitation _____________________

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EXCEPTIONS TO POWERS OF EXCEPTIONS TO POWERS OF ARRESTARREST

Diplomatic Immunity – OESDiplomatic Immunity – OES

__________________________________

Statute of LimitationsStatute of Limitations

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MIRANDA PROCEDURESMIRANDA PROCEDURES

Purpose:Purpose: To Obtain Admissible EvidenceTo Obtain Admissible Evidence

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MIRANDAMIRANDA

CUSTODY :CUSTODY : (workbook p. 2-73) Placed under actual arrest, orPlaced under actual arrest, or Placed in a situation where subject Placed in a situation where subject

feels as though he/she is under feels as though he/she is under arrest or not free to leavearrest or not free to leave

______________________________________

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MIRANDAMIRANDA

INTERROGATION:INTERROGATION: Occurs when an officer engages in Occurs when an officer engages in

______ __________ of a person about a ______ __________ of a person about a crime, or crime, or

Says something or performs Says something or performs something that is reasonably likely to something that is reasonably likely to elicit an incriminating response (w/b elicit an incriminating response (w/b p.2-74)p.2-74)

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MIRANDAMIRANDA

CUSTODY + INTERROGATION = CUSTODY + INTERROGATION = MIRANDA (MIRANDA (______________))

MUST HAVE BOTH BEFORE MIRANDA MUST HAVE BOTH BEFORE MIRANDA IS REQUIRED:IS REQUIRED:

VOLUNTEERED STATEMENTS:VOLUNTEERED STATEMENTS:

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MIRANDAMIRANDA

ACKNOWLEDGEMENTACKNOWLEDGEMENT

WAIVER-express, implied or WAIVER-express, implied or conditional, knowing & voluntary conditional, knowing & voluntary (w/b p.2-78/79)(w/b p.2-78/79)

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MIRANDAMIRANDA

__________________________ Handwriting samplesHandwriting samples Voice samplesVoice samples Body fluids samplesBody fluids samples Model clothingModel clothing Participate in a lineup or show upParticipate in a lineup or show up Submit to fingerprintingSubmit to fingerprinting

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MIRANDAMIRANDA CONTACT AFTER INVOKING RIGHT TO CONTACT AFTER INVOKING RIGHT TO

SILENCESILENCE CONTACT AFTER INVOKING RIGHT TO CONTACT AFTER INVOKING RIGHT TO

AN ATTY (AN ATTY (must be clear & express must be clear & express desire for an attydesire for an atty))

CONTACT ON SEPARATE CRIMECONTACT ON SEPARATE CRIME ADVISEMENT- ADVISEMENT- California LawCalifornia Law, ,

__________ __________ must be advised even if must be advised even if ________ to be questioned upon arrest to be questioned upon arrest (625 WIC) (625 WIC) workbook p. 2-84workbook p. 2-84

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MIRANDAMIRANDA

SUSPECT REINITIATES:SUSPECT REINITIATES: ____________ can reinitiate (p. 2-84)

EXCEPTION:EXCEPTION: Not required to give Miranda Not required to give Miranda

warnings if there is imminent warnings if there is imminent concern for safety of a person or the concern for safety of a person or the public (w/b p 2-85)public (w/b p 2-85)

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CRIME SCENE INTERVIEWS & CRIME SCENE INTERVIEWS & INVESTIGATIVE INTERROGATIONSINVESTIGATIVE INTERROGATIONS

Interviews:Interviews: process of gathering process of gathering information (w/b p. 2-93)information (w/b p. 2-93)

Establish rapportEstablish rapport Obtain identificationObtain identification Keep person focusedKeep person focused

Investigative Interrogations (p. 2-94)Investigative Interrogations (p. 2-94)

__________________________:: acknowledges all elements acknowledges all elements of the crime (p. 2-95)of the crime (p. 2-95)

____________________________:: admits certain facts admits certain facts

INVESTIGATIVE INVESTIGATIVE INTERROGATIONSINTERROGATIONS

Subterfuge ______________________Subterfuge ______________________

Coercion ________________________Coercion ________________________

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learning domain 15 laws of arrest- 1. 2 constitutional protections-peace officer’s role us...

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