Transcript Chapter 16

Chapter 16
Arrest, Interrogation, and
Identification
Introduction
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Arrest – deprivation of a person’s liberty
by someone with legal authority.
Interrogation – questioning of a suspect
by law enforcement officers, either to elicit
a confession, an admission, or information
that otherwise assists them in solving a
crime.
Arrest, Investigatory Detention, and
Other Police-Citizen Encounters
A seizure occurs when a police officer by
means of physical force or show of
authority, has in some way restrained the
liberty of a citizen.
A person would believe that he was not
free to leave.
Arrest, Investigatory Detention, and
Other Police-Citizen Encounters
Courts have identified four distinct types of policecitizen encounters:
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2.
3.
Police requests for information or identification –
questions asking people for information or proof of their
identity.
Roadblocks and Sobriety Checkpoints – apprehending
fleeing suspects.
Investigatory Detention
1.
2.
4.
Reasonable suspicion
Pat-down search
Arrest
1.
Probable cause to make arrest must precede the search;
police may not use search as a means to justify arrest
Arrest, Investigatory Detention, and
Other Police-Citizen Encounters
Courts are generally inclined to uphold
warrantless entries into homes for the
purpose of arrest if the following
conditions are met:
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There is probable cause to arrest the suspect.
Police have good reason to believe the suspect is on
the premises.
There is good reason to believe the suspect is armed
and dangerous.
There is strong probability that the suspect will
escape or evidence will be destroyed
The entry can be effected peaceably.
The offense under investigation is a serious felony.
Arrest, Investigatory Detention, and
Other Police-Citizen Encounters
A private person may arrest another:
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For a public offense committed or attempted
in his presence.
When person arrested has committed a
felony, even if not in his presence.
When felony has been committed, and he has
reasonable cause for believing the person
arrested to have committed it.
Interrogation and Confessions
When interrogating suspects, you must warn them of their
right to remain silent and their right to have counsel
present during questioning.
 Fruit of the Poisonous Tree Doctrine – evidence that
is derived from inadmissible evidence.
 Derivative Evidence – evidence that is derived from or
obtained only as a result of other evidence.
 Independent Source Doctrine – permits evidence to
be admitted at trial as long as it was obtained
independently from illegally obtained evidence.
 Inevitable Discovery Doctrine – evidence derived
from inadmissible evidence is admissible if it inevitably
would have been discovered independently by lawful
means.
Interrogation and Confessions
continued:
Public Safety Exception to Miranda – police may ask
suspects questions designed to locate weapons that
might be used to harm the police or other people before
providing the Miranda warnings.
Even when police provide the Miranda warnings and
suspect agrees to talk to police without having counsel
present, a confession elicited from the suspect is
inadmissible if it is obtained through coercion, whether
physical intimidation or psychological pressure.
A confession is voluntary when it is made with knowledge
of its nature and consequences and without duress or
inducement.
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Identification Procedures
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Forensic Methods – application of scientific
principles to legal issues.
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Handwriting exemplar – sample of suspect’s
handwriting.
Voice exemplar – sample of suspect’s voice.
Lineups – group of individuals including the
suspect appear before a victim or witness who is
usually shielded from the suspect’s view.
Showups – police take victim to the suspect to
see if the former can make an identification.
Photo Packs – a set of mug shot that are
shown to victims and witnesses.