Criminal Identification Procedures

A criminal justice procedure where a witness identifies a suspect from a group of people.

A suspect's right to have a lawyer present during any police-conducted in-person identification after formal charges are filed.

Formal legal actions, including indictment, filing of information, or a judge's hearing, signifying the start of a criminal case.

A quick and immediate identification procedure where a suspect is brought to the scene of a crime shortly after apprehension.

A fair and non-suggesting identification procedure that prevents officers from influencing a witness's decision.

A witness's testimony about an identification made during an on-the-scene show-up is admissible in court.

A suspect is not compelled to participate in a fairly conducted identification procedure, even after formal charges.

A suspect's lawyer can observe the identification process but cannot interfere with it.

An officer executing a warrant only needs to verify the signature of judicial officer, suspect's name, and the named crime, but doesn't need to check its validity further.

An arrest becomes unlawful if the bench warrant has been withdrawn, even if the officer wasn't aware.

An arrest based on the belief that a warrant exists is lawful, even if the officer doesn't possess the physical warrant.

Executing an arrest warrant with unreasonable delay can invalidate a later search incident to the arrest.

Officers may not force entry into a residence to execute an arrest warrant without identifying themselves, stating their purpose, and being refused admittance.

Forced entry is allowed when there's no response after a reasonable waiting time and reasonable belief that the suspect is inside.

An entry without announcement violates the Fourth Amendment unless justified by danger to officers or others.

A separate search warrant is usually required to enter a third party's residence to arrest a suspect, unless the resident consents or an emergency exists.

An arrest made on a pretext, using a minor violation to detain an individual based on suspicion of a more serious crime, may be illegal.

Police officers must inform foreign nationals of their right to contact their consulate when taken into custody, as per the Vienna Convention.

An officer can transport a suspect to the witness's location if reasonably possible even if probable cause for arrest is lacking, but only reasonable suspicion exists.

When a suspect demands immediate identification by witnesses, this request may be granted without waiting for a formal lineup, especially if the suspect is apprehended at the crime scene.

A witness's identification of a suspect based on prior knowledge or personal relationship (e.g., a regular customer) can be admissible in court.

Showing photographs to a witness for identification is acceptable even without a lawyer present if the suspect is already formally charged.

The moment an officer intends to take a suspect into custody, even without explicitly stating it, the arrest occurs.

Inviting someone to the police station for questioning without any show of authority does not constitute an arrest.

An arrest requires probable cause, meaning a reasonable belief the suspect committed a crime, based on reliable evidence.

Observation of suspicious behavior alone is usually insufficient to establish probable cause for arrest.

Information from other individuals, such as witnesses or informants, can contribute to establishing probable cause for arrest.

While probable cause is based on a reasonable belief, it does not need to reach the level of absolute certainty of guilt.

Officers can establish probable cause for arrest even without directly witnessing the crime itself.

An officer's brief detention of a suspect for questioning does not qualify as an arrest, but must be based on reasonable suspicion and limited in scope.

Once a suspect is arrested, officers can maintain close surveillance until the suspect is safely transported.

After arresting a suspect, an officer can enter the suspect's premises if the officer had the right to enter with the suspect initially and subsequently observes contraband in plain view.

Information obtained from a reliable source that suggests a crime has likely been committed. This can include reports from victims, witnesses, police bulletins, or informants.

Official documents, such as police radio dispatches or crime reports, that provide information about a crime and suspect.

A radio bulletin announcing a crime and describing the suspect can provide probable cause for arrest, especially if the suspect matches the description and could have been at the crime scene.

A victim's account of a crime, including a description of the assailant, can be considered probable cause for arrest if the suspect matches the description and could have been present during the crime.

Information provided by ordinary citizens who witnessed a crime, which can be reliable enough to establish probable cause for arrest.

Informers who provide tips anonymously, for pay, or habitually, often from the criminal underworld, requiring careful evaluation of their credibility and reliability.

Evaluating the trustworthiness of an informer by verifying their past accuracy and honesty.

Determining if an informer's information is accurate and has been verified through other sources.

Personal observation by an informer of the suspect committing a crime or preparing for a crime, which strengthens the credibility of their information.

Verifying details of a tip through independent investigation and evidence, increasing the likelihood of probable cause.

The ability of law enforcement to trace calls to emergency lines, improving the reliability of tips from anonymous callers, even without names.

Maintaining secrecy regarding an informer's identity, often necessary when dealing with paid or habitual informers, but posing challenges to verifying their information.

Observing a suspect's activities over time to gather evidence that supports the information provided by an informer, increasing the likelihood of probable cause.

Information about unique or uncommon details associated with a suspect or their activities, which, if verified, supports the overall reliability of a tip.

Verifying seemingly innocent details of a tip can help establish the overall credibility and reliability of the source.

A legal document issued by a judge that authorizes law enforcement to arrest a specific person for a specific crime.

Circumstances that are so urgent that they justify entering a home without a warrant, even when an arrest warrant is available.

Evidence found in a home during an illegal entry is inadmissible in court against the person whose privacy was violated. This means the evidence cannot be used against them.

The right to be free from unreasonable searches and seizures, as protected by the Fourth Amendment of the US Constitution.

A statement made under oath, usually in writing, that provides the legal basis for an arrest warrant.

The legal principle that allows police officers to make an arrest without a warrant in a public place, even if they had enough time to obtain one.

The action of pursuing a suspect who has fled from a public place into a private residence. Police can follow the suspect into their home without a warrant.

A formal legal proceeding where a judge determines whether there is enough evidence to continue holding a person in custody after a warrantless arrest.

The principle that a determination of probable cause for continued detention after a warrantless arrest cannot be unreasonably delayed. Typically, a 48-hour delay is permissible.

A formal legal proceeding where the arrestee is formally informed of the charges against them and their legal rights.

Police officers are generally protected from civil liability when they make an arrest based on a warrant, even if the warrant is later found to be invalid, as long as the warrant was not obviously defective.

The act of illegally entering a home to make an arrest without a warrant or consent, unless exigent circumstances exist.

The requirement that an officer's affidavit supporting a warrant application must provide specific factual details that establish probable cause. Mere conclusions or statements without supporting facts are insufficient.

A brief, investigatory stop of a person based on reasonable suspicion of criminal activity. It is less intrusive than an arrest and allows officers to briefly detain and question someone.

The legal exception that allows police to search a vehicle if they have probable cause to believe the vehicle contains evidence of a crime. This is based on the mobility of a vehicle and the need to prevent evidence from being destroyed.

A trained dog's alert to the presence of illegal substances, which can provide probable cause for a search. The dog's reliability and training are important factors.

The past actions or behavior of a suspect, often including criminal history, can be considered as one factor when assessing probable cause, but is generally not sufficient on its own.

A law enforcement officer generally cannot make an arrest for a misdemeanor offense committed outside of their presence without a warrant. However, certain exceptions may apply, such as when the offense is committed in the officer's presence or state law allows for warrantless arrest.

Officers can use the amount of force necessary to make an arrest and protect themselves and the public from harm, but the force must be reasonable and justified by the circumstances. The use of deadly force is usually reserved for cases where the suspect poses a serious and imminent threat to life.

Law enforcement officers generally cannot enter a private residence to make an arrest without a warrant, even if there is probable cause to believe the person inside is a dangerous criminal. This rule protects the sanctity of homes.

The information gathered during a police investigation, which can be obtained from various sources, including eyewitness accounts, witness statements, surveillance, and physical evidence, is used to establish probable cause.

An arrest can be made without a warrant in situations where there is a risk of immediate danger or the destruction of evidence. However, these situations are extremely limited, and warrantless arrests should only be made when absolutely necessary.

Officers must act in accordance with their department's policies and regulations regarding the use of force. These policies often outline a continuum of force options, from verbal commands to the use of deadly force.

Officers may use reasonable force to detain a suspect during a Terry stop, but they must be mindful of the level of intrusiveness and ensure the detention is brief and proportionate to the level of suspicion.

The objective of a Terry Stop is to quickly establish the identity of a suspect and gather information to determine whether there is probable cause for an arrest. If probable cause emerges during a Terry Stop, the officer can then proceed with an arrest.

The legal standards for determining probable cause are based on a set of legal principles and judicial precedents, which ensure that police actions are justified by reasonable suspicion and not based on arbitrary decisions.

When making an arrest, officers should carefully document the facts and evidence gathered during their investigation to support their probable cause determination. These records provide proof for both the arrest and any subsequent legal proceedings.