Podcast
Questions and Answers
What must an officer obtain to enter a home for an arrest if the subject is present, without exigent circumstances or consent?
What must an officer obtain to enter a home for an arrest if the subject is present, without exigent circumstances or consent?
Which of the following scenarios could justify a warrantless entry into a home?
Which of the following scenarios could justify a warrantless entry into a home?
How can probable cause be established for obtaining an arrest warrant?
How can probable cause be established for obtaining an arrest warrant?
What is the consequence of entering a home without a warrant when the entry does not meet exigent circumstances?
What is the consequence of entering a home without a warrant when the entry does not meet exigent circumstances?
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What must occur following a warrantless arrest to ensure legal compliance?
What must occur following a warrantless arrest to ensure legal compliance?
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What must a suspect be offered before an in-person identification after formal charges have been filed?
What must a suspect be offered before an in-person identification after formal charges have been filed?
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Which of the following is true about the suspect's right to refuse participation in an identification procedure?
Which of the following is true about the suspect's right to refuse participation in an identification procedure?
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In what circumstance can a suspect be shown to witnesses without the opportunity for legal counsel?
In what circumstance can a suspect be shown to witnesses without the opportunity for legal counsel?
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What is an example of an in-person identification procedure?
What is an example of an in-person identification procedure?
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What does an on-the-scene show-up involve?
What does an on-the-scene show-up involve?
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Which of the following must identification procedures avoid to ensure fairness?
Which of the following must identification procedures avoid to ensure fairness?
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What must a police officer ensure about the identification proceedings?
What must a police officer ensure about the identification proceedings?
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What must be established for an arrest to be valid?
What must be established for an arrest to be valid?
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In which situation is a suspect allowed to confront witnesses immediately?
In which situation is a suspect allowed to confront witnesses immediately?
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What is an officer's best course of action after detaining a suspect based on reasonable suspicion?
What is an officer's best course of action after detaining a suspect based on reasonable suspicion?
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When is a mere questioning of a witness considered an arrest?
When is a mere questioning of a witness considered an arrest?
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What is a valid basis for probable cause to arrest?
What is a valid basis for probable cause to arrest?
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Which statement best represents the threshold for probable cause?
Which statement best represents the threshold for probable cause?
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What happens if a police officer questions an individual without establishing authority?
What happens if a police officer questions an individual without establishing authority?
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What is a crucial distinction between reasonable suspicion and probable cause?
What is a crucial distinction between reasonable suspicion and probable cause?
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In which scenario is it permissible to show photographs to a witness?
In which scenario is it permissible to show photographs to a witness?
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What source can provide probable cause for an arrest without requiring personal knowledge of a crime?
What source can provide probable cause for an arrest without requiring personal knowledge of a crime?
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Which factor would make a citizen informer considered less reliable?
Which factor would make a citizen informer considered less reliable?
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What condition must be met for an officer to arrest all occupants of a vehicle?
What condition must be met for an officer to arrest all occupants of a vehicle?
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Which scenario would most likely establish probable cause for arrest based on a victim's report?
Which scenario would most likely establish probable cause for arrest based on a victim's report?
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What is a key disadvantage of relying on anonymous informers for probable cause?
What is a key disadvantage of relying on anonymous informers for probable cause?
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What can strengthen an anonymous informer's tip for determining probable cause?
What can strengthen an anonymous informer's tip for determining probable cause?
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Which of the following is NOT a reliable source for probable cause?
Which of the following is NOT a reliable source for probable cause?
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Why is personal observation important when dealing with habitual informers?
Why is personal observation important when dealing with habitual informers?
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What is an essential factor when evaluating a tip from a habitual informer?
What is an essential factor when evaluating a tip from a habitual informer?
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What is the minimum requirement for an arrest based on a police bulletin?
What is the minimum requirement for an arrest based on a police bulletin?
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What could invalidate information from an official report?
What could invalidate information from an official report?
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Study Notes
Identification Procedures
- Two types of identifications exist: in-person (lineups, show-ups) and photographic.
- Witness or victim IDs are crucial parts of the criminal process.
- Officers must avoid influencing witness identification during procedures.
In-Person Identifications
Right to Counsel
- Suspects have a right to counsel during in-person identifications after formal charges (e.g., indictment, information filing, pre-trial hearing).
- However, no right to counsel for such procedures before formal charges.
- Existing charges do not allow a suspect to refuse participating in a fair identification procedure.
- Attorney's role is only observation, unless before charges.
On-the-scene Show-ups
- Suspects apprehended close to a crime can be brought to the scene for victim/witness identification.
Immediate Identification Requests
- If a suspect requests immediate confrontation, it doesn't have to wait for a lineup.
Witness Identifications Without Police Involvement
- Witness identification without police intervention is admissible in court.
Photographic Identifications
- Witnesses can be shown photos without attorney involvement even after formal charges (e.g., indictment).
Arrest Procedures
Arrest Definition
- Arrest occurs when officers intend to take a person into custody, regardless of formal declarations.
- Simply questioning for interrogation is not arrest.
- Traffic stops or brief questioning aren't arrests.
Probable Cause
- All arrests (with or without warrant) must have probable cause.
- Probable cause is reasonable belief, based on reliable evidence, that a crime occurred.
- Probable cause doesn't require absolute certainty but is more than mere suspicion.
Sources of Probable Cause
- Official reports (e.g., police bulletin) provide probable cause if described criminal is present.
- Victim/witness reports can justify arrest if accurate and in proximity.
- "Good citizen" informants may be relied on for probable cause without personal surveillance.
- Anonymous, paid, or habitual informants require verification for reliability.
- Personal surveillance of suspect might corroborate informant's tip and lead to probable cause.
Canine Sniffs
- Drug-detection canine alerts provide probable cause for drugs. Specific rules vary by jurisdictions.
Misdemeanor Arrests
- Probable cause rules for felonies apply.
- Misdemeanors committed outside officers' presence generally require a warrant unless state law permits warrantless arrest.
Use of Force
- Officers can use reasonable, non-deadly force for arrest and public safety.
- Force's proportionality depends on crime severity and suspect's threat.
Arrest Warrants
- Warrants are better practice than warrantless arrests, especially to protect officers (even invalid warrant can lead to lawsuits).
- Warrants are obtained with sworn affidavits presenting probable cause details.
- No warrant needed for public place arrests, for hot pursuit.
- Warrants require notification and refusal of entry; forced entry requires reasonable grounds for suspect being present.
Foreign Nationals
- Advise foreign nationals that they have the right to contact their country's consular mission.
Retaliatory Arrest
- Probable cause often negates First Amendment retaliated arrest claims, unless unequal treatment.
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Description
Explore the different identification procedures used in criminal justice, including in-person lineups and photographic identifications. Learn about the rights of suspects, the role of counsel, and the implications of immediate identification requests. This quiz will test your knowledge on the importance of accurate witness identifications.
