ACSO POST RBC test #1 laws of Arrest Exam
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Fifth Amendment - Answer✔double jeopardy and self incrimination, rights of miranda to
prevent against self incrimination
6th Amendment - Answer✔Right to a fair, speedy trial, right to counsel , right to confront
witness
14th Amendment - Answer✔Declares that all persons born in the U.S. are citizens and are
guaranteed equal protection of the laws
US Code, Title 42, Section 1983 - Answer✔Permits a civil rights suit seeking monetary damages
to be awarded to anyone who proves, in a court of law, that they were deprived of some legal
right through governmental action, that is, by a person acting under color of law
U.S. Code, title 18, section 241, Conspiracy. - Answer✔Summary of Conspiracy:
If two or more persons, conspire to injure, oppress, threaten, or intimidate any person, for
doing anything that the person had a legal right to be doing, or because the person previously
exercised any such legal right.
Note: Differing definitions under state and federal law.
Meaning for me: I can be prosecuted criminally if I conspire with another person to deprive
individuals rights.
Responsibility for me: Legal obligation to protect the rights of all people from internal
corruption and my own potential for corruption.
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Penal Code 422.6 (a) - Answer✔hate crime felony, must prove intent
4th Amendment - Answer✔Freedom from unreasonable searches and seizures
Consensual Encounter - Answer✔A face-to-face contact between a private individual and a
peace officer under circumstances that would cause a reasonable person to believe that they
are free to leave or otherwise not cooperate
during a casual encounter you can.. - Answer✔request information, interview witness at scene
of a crime or accident, converse casually, spread information
Elevating Actions - Answer✔anything that elevates a casual encounter to a detention, hey stop,
using your car so they can't leave, using accusatory questioning or tone, demanding or keeping
ones id.
violating a consensual encounter can lead to - Answer✔violation of 4th amendment rights,
suppression of evidence, civility liable, criminally prosecuted for false imprisonment,
detention - Answer✔a lawful detention requires reasonable suspicion of criminal activity that
has taken place, is taken place, or is about to.
Reasonable Suspicion - Answer✔is when a peace officer has enough facts and circumstances
present to make it reasonable to suspect criminal activity is afoot and the person detained is
connected.
must be specific facts, cannot be a hunch or instinct.
reasonable suspicion factors - Answer✔fugitive movements, intoxication, resemblance to
wanted person, running from crime scene, hiding objects, knowledge of criminal history,
demeanor, non responsive or nervous, time of day, location of stop, TOTALITY OF
CIRCUMSTANCES. The more of these present the stronger your case for a legal detention.
tips from sources - Answer✔reliable can equal detention, anonymous is not enough without
collaboration or other indications of reliability
during a detention - Answer✔ID suspect, question about activity and conduct, contact
witnesses to confirm explanations, warrant check, check premises examine objects contact
neighbors to determine if crime occurred IE burglary, bring victim to suspect for id purposes.
transporting someone under detention - Answer✔must be voluntary, otherwise it must be
impractical to bring victim to that location, conditions are dangerous for you or them,
otherwise its an arrest
body searches - Answer✔usually not permitted during a detention only incident to arrest.
Visual and consensual ok, or you have a strong reasonable suspicion that person is carrying a
concealed weapon, (big clothing, bulges etc.) in which case you can do a cursory pat down for
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