LD 15 Already Passed
Interviews vs. interrogations - =Interviewing is the process of questioning non-suspects such as
victims or witnesses (who typically are willing to cooperate). Interrogation is the process of
questioning suspects who often may be unwilling to provide information to investigating officers
Purpose of interrogation - =An interrogation serves a number of different purposes
Confession vs. admission - =A peace officer who conducts an interrogation must have a clear
understanding of the difference between a confession and an admission
Inadmissible statements - =A confession or admission may be inadmissible in a court of law if
the arrest was the result of an illegal search or seizure. If the statement was obtained in violation
of any of Miranda's requirements (when applicable). If the statement was obtained in violation of
the charged defendant's right to be assisted by counsel. If the individual was coerced into making
involuntary statements,
Learning need: chap synopsis - =When conducting a custodial interrogation, peace officers must
follow Miranda procedures to ensure that any answers they obtain will be admissible in court.
The purpose of the Miranda warning - =Compliance with Miranda allows any statement the
person makes to be admitted against him at trial to prove guilt without violating the person's
Fifth Amendment right against self-incrimination.
When Miranda warning is required - =If an officer is about to interrogate a person who is in
custody, the officer must advise the person of the four Miranda advisements
Administering the Miranda warning - =Once the four Miranda advisements have been given and
the person has acknowledged understanding them, the person may either waive or invoke the
right to silence, the right to an attorney, or both.
Invoking Miranda rights - =Under Miranda, a person may invoke the right to remain silent or the
right to counsel only at the time of, or during, police custodial interrogation.
,Waiving Miranda rights - =For any statement made after a waiver to be admissible in court, the
waiver must be knowing, and voluntary
Exception to the Miranda rule - =A peace officer is not required to give the Miranda warning if
there is imminent concern for the safety of a person or the public
Arrest, detention and probable cause - =An arrest is the taking of a person into custody, in a case
and in the manner authorized by law.
Probable cause to arrest is a set of facts that would cause a person of ordinary care and prudence
to entertain an honest and strong belief that the person to be arrested is guilty of a crime.
A detention or stop is an assertion of authority that would cause reasonable individuals to believe
they are not free to leave. A detention is limited in scope, intensity, and duration. A detention is
not an arrest.
Elements of a lawful arrest - =Penal Code Sections 834 and 835 authorize peace officers and
private persons to make arrests. The elements of an arrest are:
The arrested person must be taken into custody, for a crime and in the manner prescribed by law.
An arrest may be made by actual restraint of the person or by the person's submission to the
officer's authority.
Reasonable force may be used to make an arrest, prevent escape, or overcome resistance,
Information that must be given to arrested person - =Penal Code Section 841 requires that any
person making an arrest must convey certain information to the person arrested at the time of the
arrest. The three things that must be explained are, intent, cause, and authority.
,Warrantless arrests for misdemeanors - =Peace officers may make warrantless arrests for certain
misdemeanors
Warrantless arrests for felonies - =Peace officers may make warrantless arrests for felonies.
Warrant arrests - =An arrest warrant is a written order signed by a magistrate which directs and
commands a peace officer to arrest the person named in the warrant for the offense named in the
warrant.
Entry to make arrest - =Knock and notice means that before entering a dwelling to make an
arrest, with or without a warrant, officers must give notice to the person inside.
Private person arrests - =A private person may arrest an individual for any public offense that has
been committed in the private persons presence.
Use of force - =Penal Code Section 835 (a) authorizes peace officers to use force that is
reasonable and necessary to make an arrest, prevent his escape, or overcome resistance.
Disposition of arrested persons - =If the arrest is made pursuant to a warrant, the arresting officer
must proceed with the arrestee as commanded in the warrant. (Penal Code Section 848)
Exceptions to the power of arrest - =There are circumstances where a person who has committed
a crime cannot be arrested
Learning Need synopsis chapt 3 -Detentions - =Peace officers must recognize that a temporary
detention is an assertion of authority that is less than an arrest but more substantial than a
consensual encounter.
Consensual encounter vs. detention - =Peace officers must be able to distinguish between a
consensual encounter and a detention
, Reasonable suspicion - =When an officer has enough facts and circumstances are present to
make it reasonable to suspect that criminal activity is occurring and the person detained is
connected to that activity.
Reasonable suspicion of criminal activity must exist to make a detention lawful.
Appropriate actions during a detention - =Peace officers can take certain investigative actions
during a detention if they can be completed within a reasonably limited time.
Searches and seizures during a detention - =No searches are permitted during a detention unless
peace officers reasonably suspect that the detained person may be carrying a concealed weapon
or dangerous instrument.
Use of force or physical restraints during a detention - =If a person attempts to leave during a
detention, the officers may use reasonable force and/or physical restraints to compel the person
to remain.
Uncooperative individuals may be handcuffed, and/or be placed in a patrol vehicle.
Learning Need LD 15 Cptr 2 /Consensual Encounters - =Peace officers must recognize that a
consensual encounter is a face to face contact with a person under circumstances which would
cause a reasonable person to believe they are free to leave or otherwise not cooperate
Appropriate applications - =Peace officers must be vigilant when contacting the public to ensure
they do not elevate a consensual encounter into a detention
Elevating consensual encounters - =Certain actions can elevate a consensual encounter.
Consequences of elevating consensual encounters - =Elevating a consensual encounter could
have legal negative repercussions.
Learning need - =Peace officers must have an understanding of the amendments to the U.S.
Constitution, and similar sections of the California Constitution that are related to the authority,
liability, and responsibility they have in making arrests.
Interviews vs. interrogations - =Interviewing is the process of questioning non-suspects such as
victims or witnesses (who typically are willing to cooperate). Interrogation is the process of
questioning suspects who often may be unwilling to provide information to investigating officers
Purpose of interrogation - =An interrogation serves a number of different purposes
Confession vs. admission - =A peace officer who conducts an interrogation must have a clear
understanding of the difference between a confession and an admission
Inadmissible statements - =A confession or admission may be inadmissible in a court of law if
the arrest was the result of an illegal search or seizure. If the statement was obtained in violation
of any of Miranda's requirements (when applicable). If the statement was obtained in violation of
the charged defendant's right to be assisted by counsel. If the individual was coerced into making
involuntary statements,
Learning need: chap synopsis - =When conducting a custodial interrogation, peace officers must
follow Miranda procedures to ensure that any answers they obtain will be admissible in court.
The purpose of the Miranda warning - =Compliance with Miranda allows any statement the
person makes to be admitted against him at trial to prove guilt without violating the person's
Fifth Amendment right against self-incrimination.
When Miranda warning is required - =If an officer is about to interrogate a person who is in
custody, the officer must advise the person of the four Miranda advisements
Administering the Miranda warning - =Once the four Miranda advisements have been given and
the person has acknowledged understanding them, the person may either waive or invoke the
right to silence, the right to an attorney, or both.
Invoking Miranda rights - =Under Miranda, a person may invoke the right to remain silent or the
right to counsel only at the time of, or during, police custodial interrogation.
,Waiving Miranda rights - =For any statement made after a waiver to be admissible in court, the
waiver must be knowing, and voluntary
Exception to the Miranda rule - =A peace officer is not required to give the Miranda warning if
there is imminent concern for the safety of a person or the public
Arrest, detention and probable cause - =An arrest is the taking of a person into custody, in a case
and in the manner authorized by law.
Probable cause to arrest is a set of facts that would cause a person of ordinary care and prudence
to entertain an honest and strong belief that the person to be arrested is guilty of a crime.
A detention or stop is an assertion of authority that would cause reasonable individuals to believe
they are not free to leave. A detention is limited in scope, intensity, and duration. A detention is
not an arrest.
Elements of a lawful arrest - =Penal Code Sections 834 and 835 authorize peace officers and
private persons to make arrests. The elements of an arrest are:
The arrested person must be taken into custody, for a crime and in the manner prescribed by law.
An arrest may be made by actual restraint of the person or by the person's submission to the
officer's authority.
Reasonable force may be used to make an arrest, prevent escape, or overcome resistance,
Information that must be given to arrested person - =Penal Code Section 841 requires that any
person making an arrest must convey certain information to the person arrested at the time of the
arrest. The three things that must be explained are, intent, cause, and authority.
,Warrantless arrests for misdemeanors - =Peace officers may make warrantless arrests for certain
misdemeanors
Warrantless arrests for felonies - =Peace officers may make warrantless arrests for felonies.
Warrant arrests - =An arrest warrant is a written order signed by a magistrate which directs and
commands a peace officer to arrest the person named in the warrant for the offense named in the
warrant.
Entry to make arrest - =Knock and notice means that before entering a dwelling to make an
arrest, with or without a warrant, officers must give notice to the person inside.
Private person arrests - =A private person may arrest an individual for any public offense that has
been committed in the private persons presence.
Use of force - =Penal Code Section 835 (a) authorizes peace officers to use force that is
reasonable and necessary to make an arrest, prevent his escape, or overcome resistance.
Disposition of arrested persons - =If the arrest is made pursuant to a warrant, the arresting officer
must proceed with the arrestee as commanded in the warrant. (Penal Code Section 848)
Exceptions to the power of arrest - =There are circumstances where a person who has committed
a crime cannot be arrested
Learning Need synopsis chapt 3 -Detentions - =Peace officers must recognize that a temporary
detention is an assertion of authority that is less than an arrest but more substantial than a
consensual encounter.
Consensual encounter vs. detention - =Peace officers must be able to distinguish between a
consensual encounter and a detention
, Reasonable suspicion - =When an officer has enough facts and circumstances are present to
make it reasonable to suspect that criminal activity is occurring and the person detained is
connected to that activity.
Reasonable suspicion of criminal activity must exist to make a detention lawful.
Appropriate actions during a detention - =Peace officers can take certain investigative actions
during a detention if they can be completed within a reasonably limited time.
Searches and seizures during a detention - =No searches are permitted during a detention unless
peace officers reasonably suspect that the detained person may be carrying a concealed weapon
or dangerous instrument.
Use of force or physical restraints during a detention - =If a person attempts to leave during a
detention, the officers may use reasonable force and/or physical restraints to compel the person
to remain.
Uncooperative individuals may be handcuffed, and/or be placed in a patrol vehicle.
Learning Need LD 15 Cptr 2 /Consensual Encounters - =Peace officers must recognize that a
consensual encounter is a face to face contact with a person under circumstances which would
cause a reasonable person to believe they are free to leave or otherwise not cooperate
Appropriate applications - =Peace officers must be vigilant when contacting the public to ensure
they do not elevate a consensual encounter into a detention
Elevating consensual encounters - =Certain actions can elevate a consensual encounter.
Consequences of elevating consensual encounters - =Elevating a consensual encounter could
have legal negative repercussions.
Learning need - =Peace officers must have an understanding of the amendments to the U.S.
Constitution, and similar sections of the California Constitution that are related to the authority,
liability, and responsibility they have in making arrests.
