Constitutional Law: Contact, Detention & Arrest

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Questions and Answers

What is the main objective of the lesson plan on Contact, Detention, and Arrest?

To educate officers on the limits and consequences of police interactions with citizens (correct)

To provide training on search and seizure procedures

To discuss the role of Miranda in police interrogations

To outline the Fourth Amendment and its provisions

What provision of the U.S. Constitution is relevant to the lesson plan?

Fourth Amendment (correct)

Eighth Amendment

First Amendment

Fifth Amendment

What is the primary distinction between a contact, a detention, and an arrest?

Degree of suspicion required

Level of force used

Purpose of the interaction

Type of interaction between officer and citizen (correct)

What type of Fourth Amendment seizure is a voluntary contact?

Consensual encounter Signup and view all the answers

What is required to justify an investigative detention?

Reasonable suspicion Signup and view all the answers

What must be documented when using handcuffs in a detention situation?

Facts supporting reasonable suspicion Signup and view all the answers

When can anonymous tips be used to develop reasonable suspicion?

With corroboration by an officer Signup and view all the answers

What is authorized in a detention situation if the suspect refuses to answer questions?

Further detention Signup and view all the answers

What is the primary source of law covering contact-detention and arrest?

The Fourth Amendment Signup and view all the answers

What is the minimum justification required for an arrest?

Probable cause Signup and view all the answers

What is required for a detention to be considered reasonable?

Two facts suggesting criminal activity Signup and view all the answers

What is the legal authority required to arrest subjects in a third party's residence?

Warrant or consent Signup and view all the answers

What is the purpose of the Fourth Amendment?

To protect against unreasonable searches and seizures Signup and view all the answers

What is required to establish probable cause for arrest?

A reasonable belief in the suspect's guilt Signup and view all the answers

What type of search may be authorized by an arrest?

Search incident to arrest Signup and view all the answers

What is the purpose of RSMo Sec. 544.216?

To grant authority to peace officers to make arrests for traffic violations and ordinances Signup and view all the answers

Study Notes

Contact, Detention, and Arrest

Examines three levels of interaction an officer/deputy can have with a citizen while acting under color of law: contact, detention, and arrest.
Each type has specific recognized limits, requirements, and consequences for police officers.

Introduction to Fourth Amendment

The First major provision of the Fourth Amendment to the U.S. Constitution deals with the procedure for seizing of persons.
It is the source of law covering contact, detention, and arrest.

Voluntary Contacts

A voluntary contact is a type of Fourth Amendment seizure.
Minimum justification - how much information - is needed: minimal.
Force used to maintain a voluntary contact: minimal.
Search authorized by a voluntary contact: consent search.
Miranda is required during a voluntary contact if one wishes to ask guilt-seeking questions.

Investigative or Temporary Detentions

An investigative detention is a type of Fourth Amendment seizure.
Minimum justification - how much information - is needed: reasonable suspicion.
Facts and sources of facts that may be used to develop reasonable suspicion: specific and articulable facts, anonymous tips (conditional).
Three general restrictions on detentions:
- Limited duration.
- Limited scope.
- No probable cause for arrest.
Documentation requirements for using handcuffs in a detention situation: to prevent it from becoming a de facto arrest.
Search authorized for a detained suspect: limited search incident to detention.
Miranda is required during a detention if one wishes to ask guilt-seeking questions.
If the suspect refuses to answer questions, the officer may still detain and ask further questions.

Arrests

An arrest is a type of Fourth Amendment seizure.
Minimum justification - how much information - is needed: probable cause.
Types of facts and sources of facts that may be used to develop probable cause: specific and articulable facts, sworn testimony.
Limitations on the officer's surveillance of a suspect after arrest: none.
Force used to maintain an arrest: reasonable force.
Requirements for use of deadly force to make an arrest: only when necessary.
Search authorized by an arrest: full search incident to arrest.
Miranda is required during an arrest if one wishes to ask guilt-seeking questions.

Reasonable Suspicion and Probable Cause

Two issues that must be reasonably suspected to establish reasonable suspicion for a detention:
- Particularized suspicions.
- Objective observations.
Two issues that must be reasonably believed to establish probable cause for arrest:
- Factual basis.
- Connection to criminal activity.
Four factors that may be used to establish the reliability of information from a criminal informant:
- Veracity.
- Reliability.
- Basis of knowledge.
- Corroboration.

Legal Authority for Arrests

Legal authority required to arrest subjects:
- In a public place: none.
- In the suspect's residence: warrant or exigent circumstances.
- In a third party's residence: warrant or consent.
Authority granted to peace officers by RSMo Sec. 544.216 regarding arrests for traffic violations and ordinances:
- Authority to arrest.
- Issues, if any, of pretext raised by this authority.

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Description

This lesson plan covers the three levels of interaction between police officers and citizens, including contact, detention, and arrest, and their respective limits, requirements, and consequences.