Transcript Slide 1

Arrest ©
• Probable Cause
• Terry Stop is not necessarily an unreasonable
seizure
• An Arrest occurs when the subject submits or
PO takes actual physical control
• Seizure is unreasonable
– PO lacks reasonable grounds for seizure
• Lacks PC
• Unable to articulte facts to support reasonable suspicion
– PO failed to obtain a AR warrant when one was
necessary (arrest inside home)
– PO uses excessive force
Consequences of Illegal Arrest ©
• Exclusionary Rule
• Lawsuit under 1983 or State Law
• PO’s arrest
Three Types of Citizen Encounters ©
• Voluntary Encounters/Consensual
• Terry Stops/Investigative
• Arrests
Free to Leave ©
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Time and place
Number of POs
PO speaks in authoritarian voice
Uses overbearing or threatening language
PO touching subject
Po surrounding suspect
Po obstructing path of exit
Draw a weapon
PO tells subject they are a suspect
Suspect is lone or with others
Did PO tell suspect they are free to leave
Barricades or roadblocks
Firing weapon or firing warning shot
Yelling stop or freeze
Handcuffing or grabbing
Grabbing car keys or DL
PO/Subject Participation ©
PO’s level of cognition
• Hunch
• Reasonable suspicion
• PC
Subjects participation
• Choice
• Somewhere in between
• No Choice
Informant ©
• Someone who wishes to remain anonymous or
did they identify themselves
• Provides detailed account of criminal activity
they observed
• Provides a description sufficient to enable police
to identify subject
• When tip carries low reliability
– Police must corroborate information independently
such as predicting subjects actions
• Info from other POs is reliable for PC but will be
excluded if original PO was inaccurate.
Terry/Investigative Stop ©
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Communicate with others to verify subjects explanation
Computer check
Show-up identification
Finger print detainee
Bring in the Narco Dogs
Request permission to
– Conduct Search
– Administer Breathalyzer
– Perform other procedures to further investigation with permission
NO MIRANDA WARNINGS
Terry /Investigative Stop No/Nos ©
• Taking subject to police station
• Searching subject for anything other than a
weapon
• Displaying weapon, using handcuffs or placing
subject in to squad car unless these measures
are necessary for safety
• Moving the subject to a second location when
the move in not necessary to further
investigation or safety
• Investigating matters beyond the scope of the
stop for which the officer lacks RS
US v. Place ©
“Do nothing that is more intrusive than
necessary to accomplish the purpose of
the stop, having due regard for safety.”
90 minutes is generally to long for a terry
stop.
Traffic/Vehicle Stops ©
• All vehicle stops = seizure
• PC to make traffic stop/RS to stop motorist for
investigation
• PO cannot randomly stop motorists for DL or
Registration Checks
– Roadblocks are not random in that they are
authorized and regulated by police management prior
to being instituted
• Pretextual traffic stops are authorized and
subjective reasons are irrelevant
What Can PO Do During Traffic Stop ©
• Order motorist and passengers out of the vehicle and
remain outside during stop
• Ask if they have weapons in vehicle
• Visually look inside vehicle & shine flashlight
• Run criminal background check
• RS that occupants are armed and dangerous to frisking
occupants & searching passenger compartment
• Asking about drugs in vehicle courts have found is
productive use of downtime during traffic stop
• De-escalating traffic stop into a voluntary encounter is
acceptable
• Physical arrest for traffic violation is OK but no arrest for
traffic citation
• Racial profiling is not OK
A Constitutional Arrest ©
• Terry v. Ohio creates a distinction between
an arrest and a defacto arrest
• Prompt review of a warrantless arrest
– 48hours
– Preliminary Hearing in Cook County
• PC for arrest
• PC for Search Warrant = Probability that
evidence of criminality, or contraband, is
located on the premises
Specific Articulable Facts to
Establish PC ©
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Physical Evidence
Info from other Law Enforcement Agencies
Police Records
Eyewitnesses
Victims
Informants
Rational Inferences based on experience
Furtive movements
False or Improbable answers
Warrants ©
• Person to be seized must be described with
particularity
• To arrest someone in their own home
– Need an Arrest Warrant unless
– Exigent circumstances
• To arrest someone at someone elses home
– You need a SW for the home and an AW for the
person
• Knock and Announce
Exceptions to the SW Requirement ©
• Exigent Circumstances (only for serious
offenses)
– Endangered lives
– Enable suspect to escape
– Lend to evidence destruction
• Hot pursuit
Use of Force/Deadly Force in
Making a Seizure ©
Use the “reasonable officer standard” and
force should be examined from the
perspective of the precise moment the
decision to use it is made.
Use for these three reasons only:
• Self Protection and to protect others
• Overcome resistance
• Prevent escape
Tennessee v. Garner ©
Deadly force should not be used to Seize a fleeing
felon suspected of committing a non-violent
crime.
Deadly force should be used only when:
• PO, or someone else, is in danger of threat likely
to cause death or great bodily harm (self
defense or the defense of others)
• Belief that arrest will be defeated by using a gun
or other deadly weapon
• Escape of person to be arrested will endanger
the public
Necessary Use of Force ©