Download LAPD Exam Q&A: Key Concepts and Legal Principles and more Exams Criminal procedure in PDF only on Docsity!
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Three types of Encounters - correct answer ✅Consensual encounter, detention, arrest Consensual Encounter - correct answer ✅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. Detention - correct answer ✅Requires reasonable suspicion of criminal activity to make it lawful. Not free to leave, traffic stops, investigating a crime. Length of Detention - correct answer ✅Reasonable amount of time Transporting a person during detention - correct answer ✅Moving a person while detained will be considered a illegal arrest. Officer's need consent from The detainees OR It's impractical to bring the witness/victim to the detainees location OR the
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conditions of the detention are dangerous to the person or the officer OR independent probable cause exist to arrest the subject. Cursory/ Pat down search - correct answer ✅Officers must be able to articulate specific facts which cause them to reasonably believe the person might be caring a weapon or dangerous instrument. You cannot search just anybody, search outer clothing only, cursory pat search is only for weapons. Use of force or physical restraint during a detention - correct answer ✅Officers may use reasonable force and/or physical restraint to compel the person to remain. Probable cause for an Arrest - correct answer ✅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. Probable cause is required before an arrest is made and is based on the totality of the circumstances. Facts required to
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Intent - correct answer ✅The arresting person must tell the individual that he or she is being arrested Cause - correct answer ✅The arresting person must state the reason for the arrest Authority - correct answer ✅Non-uniform officers must show ID. A private person must state his or her authority to make the arrest. Officers in uniform already show ID. Warrantless arrest for misdemeanors and felonies - correct answer ✅A warrantless arrest is a violation of the fourth amendment unless it is supported by probable cause. Peace officers must comply with numerous statutory requirements. Conditions for warrantless misdemeanors arrest - correct answer ✅-We can not arrest a Misdemeanor not committed in our presence
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Unless: -Except committed by a juvenile -DUI -Carrying a loaded firearm in a public place -Violating a domestic protective or restraining order -Committing an assault or battery on a spouse, cohabitant, or a parent of their child -Committing an assault or battery on school property while school is in session -Committing an assault on a working first responder -Carrying a firearm at an airport Conditions for warrantless Felony arrest. - correct answer ✅Peace officers may make a warrantless felony Arrest whenever they have probable cause to believe the person to be arrested has committed a felony in their presence,committed a felony not in the officers presence or committed a felony regardless of whether or not the felony was in fact committed.
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Pre-complaint warrant - correct answer ✅Arrest warrant obtained before a criminal complaint has been filed; sometimes referred to as Ramey warrant Private person arrest - correct answer ✅May arrest an individual for any public offense committed in their presence. Or if a felony actually has been committed and the arresting person has probable cause to believe the individual committed a felony Private person arrest and the 4th Amendment - correct answer ✅The fourth amendment does not apply when they do a search and seizure. Required actions for a private persons arrest - correct answer ✅-Take the person before a magistrate, or -Deliver the arrested person to a peace officer Penal Code Section 835a states: - correct answer ✅Authorize peace officers to use force
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that is reasonable and necessary to make an arrest, prevent escape, or overcome resistance. Infractions - correct answer ✅Normally cited and released. The arrestee needs to sign a written promise to appear. Domestic violence/ abuse Exceptions - correct answer ✅Are required to take the person before a judge. No cite and release. Stale Misdemeanor - correct answer ✅exists when an adult commits a misdemeanor in another person's presence (including a peace officer) and the person fails to arrest the adult within a reasonable time thereafter. Statute of Limitations - correct answer ✅Suspects must be formally charged by a prosecuting attorney within a certain time limit.
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during custodial interrogation may be inadmissible against the person at the criminal trial to prove guilt. Types of waiver of Miranda - correct answer ✅Expressed, implied, conditional Expressed wavier - correct answer ✅Answer yes or no questions about going forward with the questioning Implied wavier - correct answer ✅Acknowledge understanding, and exhibits conduct indicating waiver of rights. Conditional wavier - correct answer ✅Acknowledge understanding, and is willing to go forward but places limitations on questions. Juveniles in custody and the Miranda - correct answer ✅Applies the same to minors and adults.
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Unless: 15 years or younger, shall consult with an attorney. This cannot be waived by the minor. Confession - correct answer ✅A commission of all of the elements of a crime. Admission - correct answer ✅Certain facts that tend to incriminate the individual, but fall short of a confession Subterfuge - correct answer ✅The use of deception or falsehoods as a tactic when interrogating a suspect. Coercion - correct answer ✅The use of force, threats, or psychological pressure used to deprive a suspect of free choice or refusal to answer. Reasonable Suspicion - correct answer ✅Standard used to justify a detention. It exist when an officer has sufficient facts and
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-Contacting other individuals (e.g. witnesses) to confirm explanations, verifying identification, or determining whether the person is wanted (warrant check) -Checking premises, examining objects, or contacting neighbors or other individuals to determine whether a crime (e.g., burglary) actually occurred -Bringing the victim to the suspect for identification purposes Arrest - correct answer ✅Taking a person into custody. Must be based on probable cause. Arrest warrant contents - correct answer ✅-Name of the defendant -Crime the defendant is suspected of committing -Time the warrant is issued -City or county where the warrant is issued -Signature of the issuing authority with the title of office -Name of the court or other issuing agency
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-Amount of bail Knock and notice exceptions during exigency circumstances - correct answer ✅Hot pursuit, imminent threat to life, property (ex. Smell of natural gas), suspects escape, and destruction of evidence or contraband U.S code title 18 Section 241 - correct answer ✅CONSPIRACY AGAINST RIGHTS OF CITIZENS If any 2 people conspire to injure, oppress, threaten, or intimidate any person of any right or Privilege granted by the Constitution or Laws of the US. U.S code title Section 242 - correct answer ✅Deprivation of rights under color of law. Arrested without a warrant must be given a judicial determination of probable cause within: - correct answer ✅48 hours after the arrest, including weekends and holidays.
