Criminal Identification Procedures

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is required for a suspect to have counsel present during an in-person identification?

Counsel is needed if the identification is conducted at a police station.

Counsel must be present if the suspect has been formally charged. (correct)

Counsel is necessary only during trial proceedings.

Counsel is required only if the suspect is already convicted.

In which circumstance can a suspect be shown to witnesses without an opportunity for counsel?

When the suspect is formally charged.

Before the suspect has been arrested.

After the suspect has been arrested but not yet charged. (correct)

When the suspect is already in custody awaiting trial.

What is the purpose of an on-the-scene-show-up?

To ensure the suspect has access to legal representation.

To gather evidence for a formal lineup procedure.

To allow witnesses to identify a suspect shortly after a crime. (correct)

To conduct a detailed investigation into the suspect's background.

Which of the following statements is true regarding the fairness of identification procedures?

Identification procedures must not be unduly suggestive. Signup and view all the answers

At what point does a suspect have the right to have counsel present during identification?

After the suspect has been formally charged. Signup and view all the answers

What must an officer ensure during an identification procedure?

The identification process is fair and not suggestive. Signup and view all the answers

Which scenario does NOT require a suspect to have the opportunity for counsel present?

Showing a suspect to witnesses before formal charges are made. Signup and view all the answers

Why might a police officer conduct an identification immediately after a suspect's apprehension?

To confirm the suspect's identity without delay. Signup and view all the answers

What must an officer verify before executing a warrant?

That the warrant is properly signed, names the suspect, and names the crime Signup and view all the answers

What condition justifies an officer making an unannounced entry when executing a warrant?

There is reasonable suspicion that announcing presence would be dangerous Signup and view all the answers

What is the proper procedure for forcefully entering a private residence to execute an arrest warrant?

Announcing identity and purpose, and force entry if refused Signup and view all the answers

What is the implication of the good-faith exception to the exclusionary rule?

Evidence obtained may not be suppressed if the officer had good faith in executing the warrant Signup and view all the answers

Which statement about arresting someone based on knowledge of a warrant is accurate?

A reasonable belief of an issued warrant is sufficient for an arrest Signup and view all the answers

What should an officer do if entering a residence of a third party to execute a warrant for a suspect?

Obtain a search warrant unless consent is given Signup and view all the answers

What does the Vienna Convention on Consular Relations require from officers who detain foreign nationals?

To advise the arrestee of their right to contact their consular mission without delay Signup and view all the answers

What can potentially invalidate an arrest warrant execution due to delay?

Deliberate delay until the suspect is in a desirable location for search Signup and view all the answers

In which situation might a 'pretext' stop be considered illegal?

If other individuals are similarly situated and not arrested Signup and view all the answers

What is the general policy regarding probable cause and First Amendment retaliatory arrest claims?

Probable cause negates the claim unless there are unique circumstances Signup and view all the answers

What is needed for probable cause to arrest an individual based on official reports?

A police bulletin that states a crime has been committed Signup and view all the answers

Which source of information generally provides the highest reliability for establishing probable cause?

Crime victim reports Signup and view all the answers

What is a common misconception about arrests based on anonymous tips?

They may require personal surveillance for verification. Signup and view all the answers

Which factor can weaken the reliability of a tip from a habitual informer?

The informer's connection to known criminals Signup and view all the answers

What is a necessary component to justify an arrest when using information from a police bulletin?

The suspect must match the detailed description provided Signup and view all the answers

Under what circumstance can a victim's report become unreliable for establishing probable cause?

When poor visibility affects the victim's perception Signup and view all the answers

What is one potential limitation of relying on an anonymous tip?

It may lack verifiable credibility and reliability Signup and view all the answers

Why might corroborating an informer's statements through personal observation be beneficial?

It can provide additional evidence for probable cause. Signup and view all the answers

What typically happens if the police receive a bulletin that does not specifically state a crime has been committed?

The police may not have probable cause for an arrest based solely on the bulletin. Signup and view all the answers

What is an important criterion to assess the reliability of habitual informers?

Their past performance delivering accurate tips Signup and view all the answers

In which situation could a victim’s description of their assailant not provide probable cause?

If the victim provided vague or incomplete details Signup and view all the answers

What should police do if an anonymous tip contains information tied to unique knowledge of the suspect?

Investigate the details to corroborate the information. Signup and view all the answers

When is the knowledge of the crime not required for an arrest to be made?

When the arrest results from a police radio bulletin Signup and view all the answers

Under what condition can a suspect demand to confront witnesses immediately after apprehension?

When there is reasonable suspicion but not probable cause. Signup and view all the answers

What is required for an arrest to be valid?

Probable cause based on facts and circumstances. Signup and view all the answers

When can photographs be shown to a witness without the suspect's lawyer present?

Regardless of whether the suspect has been charged. Signup and view all the answers

Which scenario illustrates a valid arrest?

Indicating intention to take someone into custody by word or action. Signup and view all the answers

What must be true for probable cause to be established?

There needs to be reliable evidence of probable commission of a crime. Signup and view all the answers

In which of the following situations is the identification made by the bartender valid in court?

The bartender identifies a known regular by name. Signup and view all the answers

What additional authority does an officer have after making an arrest?

To keep the suspect under surveillance until transported. Signup and view all the answers

How may probable cause be established if the officer did not witness a crime?

Through evidence presented by other individuals. Signup and view all the answers

What limits the ability to detain a person for questioning?

Not having probable cause to believe they are involved in crime. Signup and view all the answers

What happens if a police officer has not established probable cause during a suspect's detainment?

The officer must immediately release the suspect. Signup and view all the answers

Which of the following is NOT considered an arrest?

Inviting a suspect to come in for questioning without authority. Signup and view all the answers

Which factor does NOT contribute to establishing probable cause?

A police officer's educated hunch. Signup and view all the answers

What should an officer do to ensure they transport a witness correctly?

Transport witnesses to the scene of the detention if possible. Signup and view all the answers

What must an officer obtain if they wish to enter a person's home to execute an arrest warrant?

Both an arrest warrant and a search warrant Signup and view all the answers

In what situation can an officer make a warrantless arrest at a home?

If the officer has probable cause and is in hot pursuit of the suspect Signup and view all the answers

What happens to evidence obtained during a warrantless entry into a home if the entry is deemed invalid?

It will be inadmissible against persons whose privacy was invaded Signup and view all the answers

What is the preferred action for an officer if time and circumstances permit when executing an arrest warrant?

Obtain an arrest warrant Signup and view all the answers

What may occur if a probable-cause determination following a warrantless arrest is unreasonably delayed?

The evidence may be suppressed Signup and view all the answers

Which statement is true regarding the requirements for an arrest warrant?

The affidavit must present underlying facts to support probable cause Signup and view all the answers

What is a potential consequence of making an invalid arrest without a warrant?

Civil penalties against the officer Signup and view all the answers

When is a warrantless arrest legal in a public place?

When there is an informant with reliable information Signup and view all the answers

What must an officer's sworn statement include to justify the issuance of an arrest warrant?

Concrete facts leading to the conclusion of probable cause Signup and view all the answers

What must an officer do after making a warrantless arrest?

Ensure a probable-cause determination is made promptly Signup and view all the answers

What is the strong presumption against when it comes to warrantless invasions of the home?

Making arrests for minor offenses Signup and view all the answers

Which factor is crucial for determining probable cause for an arrest warrant?

Information provided by someone else, if corroborated Signup and view all the answers

What is required for a judicial officer to make an independent determination of probable cause for an arrest warrant?

Sufficient facts presented by the officer's affidavit Signup and view all the answers

What happens if a police officer acts on an invalid arrest warrant?

They may face civil penalties or departmental discipline Signup and view all the answers

What is necessary to establish probable cause for an arrest?

Direct observations and credible informant information are required. Signup and view all the answers

Which of the following situations could legally justify a warrantless arrest in a vehicle?

The driver admits to using drugs and a syringe is observed. Signup and view all the answers

What is the standard for using lethal force during an arrest?

It depends on the severity of the suspect's crime and the circumstances. Signup and view all the answers

How does a canine alert relate to probable cause?

It provides probable cause to search the alerted area. Signup and view all the answers

Under what condition can a misdemeanor arrest be made without a warrant?

If the misdemeanor is committed in the officer's presence. Signup and view all the answers

What should be avoided when determining probable cause based on a suspect's history?

All the above. Signup and view all the answers

What can justify a warrantless entry into a person's home?

The existence of an emergency situation. Signup and view all the answers

Which of the following statements regarding automobile searches is true?

Probable cause includes evidence seen during a lawful stop. Signup and view all the answers

What is a crucial factor when determining the level of force to be used during an arrest?

The severity of the crime committed by the suspect. Signup and view all the answers

What constitutes reasonable suspicion for a Terry stop?

Specific and articulable facts suggesting a crime may be occurring. Signup and view all the answers

In what scenario would an officer need to obtain a warrant to make an arrest?

When the suspect is believed to have committed a non-violent misdemeanor. Signup and view all the answers

Which of the following would weaken a case for probable cause?

A lack of supporting evidence alongside a suspect's record. Signup and view all the answers

What can be considered the weakest factor when establishing probable cause?

Defendant's reputation or past criminal record. Signup and view all the answers

Study Notes

Identification Procedures

Two types of identifications exist: in-person (lineups, show-ups) and photographic.
Witness/victim identification is part of the criminal process.
Officers must avoid influencing witness identifications.

In-Person Identifications

Right to Counsel

Suspects have the right to counsel at in-person identification procedures after formal charges.
Formal charges include indictment, prosecutor's information filing, and judge hearings.
Before formal charges, valid identifications are permissible without counsel.
Suspects cannot refuse fairly conducted post-charge procedures.
Attorneys can be present but have no right to interfere with the procedure.

On-the-Scene Show-Ups

Suspects apprehended short after a crime can be returned to the crime scene for witness identification.
Officers should transport witnesses to the suspect if reasonable.
Suspect's immediate request for witness confrontation is allowed.

Identification Without Police Participation

Identifications by witnesses without police involvement are admissible.

Photographic Identifications

Suspects already formally charged can be identified from photos without counsel present.

Arrest

Overview of Arrest

Arrest occurs when an officer indicates intent to take a person into custody.
Questioning a suspect is an arrest, even if the intention is to release them later.
Simply inviting a suspect in for questioning without authority is not an arrest.
Detentions for questioning are not arrests.
Suspects can be closely monitored until safe transport.

Probable Cause for Arrest

All arrests need probable cause.
Probable cause is a reasonable belief, based on reliable evidence, that a crime occurred.
Probable cause is higher than suspicion but less than absolute certainty.
Observed behavior leading to a reasonable conclusion that a crime was or is being committed leads to probable cause.
Information from others may also lead to probable cause.

Sources of Probable Cause

Official reports (radio bulletins, descriptions)
Crime victims/witnesses (report and descriptions)
"Good citizens" (reporters of crime)
Anonymous/paid/habitual informants (requires verification, evidence corroboration)
Canine sniffs (provide probable cause)
Defendant's reputation/record (weakest factor, not usually a primary cause)

Arrest Warrants

Need probable cause for arrest warrants.
Sworn statements (affidavits) must detail facts, not just conclusions.
Warrant execution rules: no breaking and entering without prior refusal to enter (unless exigent circumstances).
Unannounced entry must be reasonable and justified.

Arrest Warrant Execution

Arrest warrant justification is enough to arrest (unless warrant is invalid).
Warrants should be executed without undue delay.
Forced entry only after identification and refusal to comply.
Warrants do not automatically allow entry into third-party residences.
"Pretext" arrest may be unlawful in some jurisdictions.

Miscellaneous

Foreign Nationals
Police must inform foreign nationals of consular rights.
Retaliatory Arrests
Probable cause for arrest mostly defeats First Amendment claims.

Misdemeanor Arrests

Probable cause requirements affect felony arrests.
Misdemeanor arrests usually require a warrant unless made in officer's presence.

Use of Force

Officers may use reasonable force for arrest and self protection.
Factors affecting the appropriateness of force include the type of crime, warning given, suspect's threat level.
Police departments usually have specific regulations governing use-of-force.