� MAPP v. OHIO AND THE EXCLUSIONARY RULE
� EVIDENCE DERIVED FROM ANY ILLEGAL DETENTION OR ARREST SHALL BE SUPPRESSED (EXCLUDED)
� FRUIT OF THE POISONED TREE DOCTRINE
CONSENSUAL ENCOUNTERS
� SOMETIMES CALLED �CONTACTS� BY POLICE
� NO OBJECTIVE JUSTIFICATION NEEDED
� NO EXCLUSIONARY RULE CONCERNS
� PERSON FREE TO WALK AWAY
CONSENSUAL ENCOUNTER EXAMPLES
� OFFICERS ASKING (NOT DEMANDING) TO SEE ID
� OFFICERS ASKING (NOT DEMANDING) THAT PEOPLE STEP ASIDE TO ANSWER A FEW QUESTIONS
� USE OF WHITE SPOTLIGHT
DETENTIONS
� POLICE USE A SHOW OF FORCE OR AUTHORITY
� DETAINED PERSON NOT FREE TO LEAVE...
� DELAYING, OBSTRUCTING OFFICERS IN PERFORMANCE OF THEIR DUTIES
DETENTION EXAMPLES
� TRAFFIC STOP USING RED/BLUE LIGHTS (ONLY RED NECESSARY)
� POLICE BLOCKING A CAR FROM MOVING
� OFFICER DEMANDS ANYTHING
JUSTIFICATION TO DETAIN
� TERRY v. OHIO
� REASONABLE (ARTICULABLE) SUSPICION (DEFINITION FOLLOWS)
� FACTS, NOT HUNCHES...
� WHICH THE OFFICER CAN EXPLAIN IN DETAIL (ARTICULATE)
ARTICULABLE SUSPICION
� THE PERSON HAS BEEN, IS OR IS ABOUT TO BE...
� INVOLVED IN ANY WAY IN ANY CRIMINAL ACTIVITY
� POLICE (INCORRECTLY) CALL THIS �PROBABLE CAUSE�
ARTICULABLE (REASONABLE) SUSPICION FACTORS
� SUSPECT�S ACTIVITY
� TIME OF DAY (OR NIGHT)
� NATURE OF THE AREA
� OFFICER�S KNOWLEDGE
� INFORMATION RECEIVED
� REASONABLE INFERENCES
LENGTH OF DETENTION
� NO LONGER THAN NECESSARY TO CLEAR UP SUSPICION
� NEW ARTICULABLE SUSPICION = MORE LEGALLY JUSTIFIABLE DETENTION TIME
SEARCHES WHILE DETAINING
� OUTER CLOTHING OF PERSON FOR WEAPONS ONLY
� EVERYONE IN ANY LEGALLY STOPPED CAR
� OFFICER MAY RETRIEVE DRIVER�S LICENSE, REGISTRATION FROM CAR
ROLE OF OFFICER�S INTENT
� WHAT THE OFFICER MEANT TO DO IS IMMATERIAL
� COURTS, NOT OFFICERS, DECIDE LEGALITY
DETENTIONS APPLY TO PEACE OFFICERS ONLY
� PRIVATE PERSONS (INCLUDING SECURITY GUARDS) MAY ARREST (MORE LATER)...
� BUT HAVE LIMITED RIGHT TO DETAIN IN LIBRARIES, AMUSEMENT PARKS AND THEATERS ONLY
PEACE OFFICERS
� SPECIFICALLY LISTED IN PENAL CODE
� ANYONE NOT LISTED IS NOT A PEACE OFFICER
� ALL PEACE OFFICERS MUST COMPLETE PC 832 COURSE
� SOME PEACE OFFICERS HAVE �PRIMARY DUTIES�...
� BUT MAY DEAL WITH OTHER VIOLATIONS �IN THE COURSE OF THEIR EMPLOYMENT�
� POLICE POWERS RETAINED 24/7
PEACE OFFICERS� JURISDICTIONS
� STATE, COUNTY, AND CITY JURISDICTIONS
� MAY ACT AS PEACE OFFICERS OUTSIDE JURISDICTION...
� WITH KNOWLEDGE AND CONSENT
� MAY CARRY CONCEALED WEAPONS ANYWHERE IN THE STATE (EXCEPT FEDERAL JURISDICTIONS)
� MAY ALWAYS ACT AS PRIVATE PERSONS
PRIVATE PERSONS' POWERS OF ARREST
� IDENTICAL POWERS OF ARREST IN MISDEMEANORS WITH PEACE OFFICERS
� ALMOST THE SAME WITH FELONIES
� LIMITED POWER (SAME AS SECURITY GUARDS) TO DETAIN
� MAY NOT ARREST FOR WARRANT
� MUST IMMEDIATELY TURN OVER ARRESTEE TO PEACE OFFICER
� NO EXCLUSIONARY RULE
� NO MIRANDA REQUIREMENT
� NO ENTRAPMENT DEFENSE
FACTORS IN REASONABLE (PROBABLE) CAUSE
� SAME AS THOSE FOR ARTICULABLE SUSPICION...
� REASONABLE CAUSE JUST REQUIRES MORE OF THEM
INFRACTION CITATIONS
� ONLY PEACE OFFICERS MAY CITE
� MAY GENERALLY NOT ARREST FOR INFRACTIONS
� MUST ARREST FOR VC INFRACTION IF REFUSAL TO ID OR SIGN
�IN PRESENCE� REQUIREMENT
� FOR INFRACTIONS AND MISDEMEANORS...
� ARRESTS AND CITATIONS...
� WITHOUT AN ARREST WARRANT
� MINOR EXCEPTIONS FOR PROBATIONERS/PAROLEES AND IN TRAFFIC CASES
MISDEMEANOR CITATIONS
� ONLY PEACE OFFICERS MAY CITE
� MUST CITE FOR MISDEMEANORS UNLESS EXCEPTION EXISTS
MISDEMEANOR CITATION EXCEPTIONS
� SO DRUNK THAT A DANGER TO SELF OR OTHERS
� REQUIRED MEDICAL ATTENTION
� REFUSED TO SIGN OR ID
� ARREST WARRANT
� VIOLATION LIKELY TO CONTINUE
MISDEMEANOR ARRESTS WITHOUT WARRANTS
� ANYONE �IN PRESENCE� MAY MAKE ARREST
� OFFICERS NOT �IN PRESENCE� MAY NOT ARREST
� IF NOT �IN PRESENCE,� OFFICERS MAY STILL SEEK ARREST WARRANTS
FELONY ARRESTS WITHOUT ARREST WARRANTS
� FOR OFFICERS:
� MUST HAVE PROBABLE (REASONABLE) CAUSE
� PROBABLY A FELONY COMMITTED
� PROBABLY THIS PERSON COMMITTED IT
REASONABLE (PROBABLE) CAUSE
� FACTS (NOT HUNCHES)...
� WHICH THE OFFICER (OR PRIVATE PERSON) CAN EXPLAIN IN DETAIL (ARTICULATE)...
� LEADING A REASONABLE PERSON (THE JUDGE WHO WILL LATER EVALUATE THE ARREST FOR LEGALITY)...
� TO BELIEVE A CRIME WAS COMMITTED...
� AND THE PERSON TO BE ARRESTED COMMITTED IT
� ONLY PROBABILITY NEEDED
� MAY INCLUDE THE EXPERIENCE OF THE PERSON MAKING THE ARREST
FELONY ARRESTS (PRIVATE PERSONS)
� MAY NOT ARREST WITH WARRANTS
� DEFINITELY A FELONY WAS COMMITTED
� PROBABLY THIS PERSON COMMITTED IT
ENTRAPMENT DEFENSE
� WAS THE CONDUCT OF THE OFFICER LIKELY TO INDUCE A LAW-ABIDING CITIZEN TO COMMIT THE CRIME?
� WHO ORIGINALLY THOUGHT OF THE CRIME MAKES NO DIFFERENCE
� NOT MERELY OFFERING A CHANCE TO COMMIT A CRIME
� NOT MERELY SETTING A TRAP
� NOT MERELY USING DECEPTION
� NOT MERELY USING DECOYS
THE ARREST
� �TAKING A PERSON INTO CUSTODY...
� IN A MANNER AUTHORIZED BY LAW� (PENAL CODE DEF.)
� �DEPRIVING A PERSON OF FREEDOM...
� IN A SIGNIFICANT WAY� (U.S. SUPREME COURT)
FALSE ARREST (FALSE IMPRISONMENT)
� ANY RESTRICTION OF ANOTHER�S FREEDOM IN AN ILLEGAL WAY
� PEACE OFFICERS NOT EXEMPT FROM CRIME OR LAWSUIT
� BACK SEAT OF THE POLICE CAR OR HANDCUFFING �FOR YOUR SAFETY AND MINE�
� LEGALLY, NO SUCH THING
� ONLY EXCEPTION: AN ANGRY CROWD GATHERING
PEACE OFFICER ARREST WITH AN ARREST WARRANT
� REQUIREMENT FOR WARRANT IS �REASONABLE CAUSE� (PROBABLE CAUSE)
� SAME REQUIREMENT FOR FELONY AND MISDEMEANOR ARREST WARRANTS
POSSE COMITATUS
� REFUSING TO AID UNIFORMED PEACE OFFICER IS A MISDEMEANOR
� REFUSING TO AID PRIVATE PERSON IS NO CRIME
DIPLOMATIC IMMUNITY
� IMMUNITY FROM PROSECUTION, NOT ARREST
LAW ENFORCEMENT AND CIVIL LIABILITY
� POLICE NOT LIABLE TO FALSE ARREST LAWSUIT...
� IF MISDEMEANOR COMMITTED �IN PRESENCE�...
� OR PROBABLE CAUSE EXISTED FOR FELONY
� POLICE NOT LIABLE FOR INJURIES DURING ARREST IF REASONABLE FORCE USED
� POLICE NOT LIABLE FOR WRONGFUL DEATH IF IN SELF DEFENSE OR... NECESSARY IN VIOLENT FELONY ARRESTS