LD 15 EXAM STUDY GUIDE 100% PASS
Interviews vs. interrogations - ANSWER 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 - ANSWER An interrogation serves a number of different
purposes
Confession vs. admission - ANSWER A peace officer who conducts an interrogation
must have a clear understanding of the difference between a confession and an
admission
Inadmissible statements - ANSWER 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 - ANSWER 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 - ANSWER 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 - ANSWER 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 - ANSWER 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 - ANSWER 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 - ANSWER For any statement made after a waiver to be
admissible in court, the waiver must be knowing, and voluntary
Exception to the Miranda rule - ANSWER 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 - ANSWER 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 - ANSWER 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 - ANSWER 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 - ANSWER Peace officers may make warrantless
arrests for certain misdemeanors
Warrantless arrests for felonies - ANSWER Peace officers may make warrantless
arrests for felonies.
Warrant arrests - ANSWER 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 - ANSWER 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 - ANSWER A private person may arrest an individual for any
public offense that has been committed in the private persons presence.
Use of force - ANSWER 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 - ANSWER 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 - ANSWER There are circumstances where a person
who has committed a crime cannot be arrested
Learning Need synopsis chapt 3 -Detentions - ANSWER 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 - ANSWER Peace officers must be able to
distinguish between a consensual encounter and a detention
Reasonable suspicion - ANSWER 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 - ANSWER 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 - ANSWER 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 - ANSWER 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 - ANSWER 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 - ANSWER Peace officers must be vigilant when contacting the
public to ensure they do not elevate a consensual encounter into a detention
Elevating consensual encounters - ANSWER Certain actions can elevate a consensual
encounter.
Consequences of elevating consensual encounters - ANSWER Elevating a consensual
encounter could have legal negative repercussions.
Learning need - ANSWER 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.
The Fourth Amendment and officer responsibility - ANSWER If peace officers are not
able to show probable cause, an arrest or search may be invalid, and the resulting
evidence may be excluded. ''During the performance of their duties, peace officers have
a legal, moral and ethical responsibility to protect all of the rights afforded to a citizen
by the United States and Calif. Constitution.
The Fifth Amendment and officer responsibility - ANSWER Peace officers need to
understand how the Miranda decision protects a person's right against
self-incrimination.
During the performance of their duties, peace officers have a legal, moral and ethical
responsibility to protect all of the rights afforded to a citizen by the United States and
California Constitution
The Sixth Amendment and officer responsibility - ANSWER Once this right attaches
(indictment or first court Once this attaches (indictment or first court apearance) and
the person is represented by counsel, peace officers are prohibited from initiating
interrogation of the person about the charged crime, except in the presence of counsel.
Interviews vs. interrogations - ANSWER 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 - ANSWER An interrogation serves a number of different
purposes
Confession vs. admission - ANSWER A peace officer who conducts an interrogation
must have a clear understanding of the difference between a confession and an
admission
Inadmissible statements - ANSWER 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 - ANSWER 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 - ANSWER 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 - ANSWER 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 - ANSWER 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 - ANSWER 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 - ANSWER For any statement made after a waiver to be
admissible in court, the waiver must be knowing, and voluntary
Exception to the Miranda rule - ANSWER 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 - ANSWER 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 - ANSWER 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 - ANSWER 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 - ANSWER Peace officers may make warrantless
arrests for certain misdemeanors
Warrantless arrests for felonies - ANSWER Peace officers may make warrantless
arrests for felonies.
Warrant arrests - ANSWER 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 - ANSWER 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 - ANSWER A private person may arrest an individual for any
public offense that has been committed in the private persons presence.
Use of force - ANSWER 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 - ANSWER 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 - ANSWER There are circumstances where a person
who has committed a crime cannot be arrested
Learning Need synopsis chapt 3 -Detentions - ANSWER 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 - ANSWER Peace officers must be able to
distinguish between a consensual encounter and a detention
Reasonable suspicion - ANSWER 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 - ANSWER 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 - ANSWER 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 - ANSWER 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 - ANSWER 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 - ANSWER Peace officers must be vigilant when contacting the
public to ensure they do not elevate a consensual encounter into a detention
Elevating consensual encounters - ANSWER Certain actions can elevate a consensual
encounter.
Consequences of elevating consensual encounters - ANSWER Elevating a consensual
encounter could have legal negative repercussions.
Learning need - ANSWER 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.
The Fourth Amendment and officer responsibility - ANSWER If peace officers are not
able to show probable cause, an arrest or search may be invalid, and the resulting
evidence may be excluded. ''During the performance of their duties, peace officers have
a legal, moral and ethical responsibility to protect all of the rights afforded to a citizen
by the United States and Calif. Constitution.
The Fifth Amendment and officer responsibility - ANSWER Peace officers need to
understand how the Miranda decision protects a person's right against
self-incrimination.
During the performance of their duties, peace officers have a legal, moral and ethical
responsibility to protect all of the rights afforded to a citizen by the United States and
California Constitution
The Sixth Amendment and officer responsibility - ANSWER Once this right attaches
(indictment or first court Once this attaches (indictment or first court apearance) and
the person is represented by counsel, peace officers are prohibited from initiating
interrogation of the person about the charged crime, except in the presence of counsel.
