Identification Procedures in Criminal Justice

Police can enter a private residence to arrest someone without a warrant if there are urgent circumstances that threaten safety or evidence destruction.

Even if an arrest is valid, evidence found during an illegal warrantless entry into a home is inadmissible in court against the residents whose privacy was violated.

A warrantless arrest in a public place is generally legal, even if time to obtain a warrant existed.

A warrantless arrest must be promptly followed by a judicial determination of probable cause to justify continued detention.

An arrest warrant must be supported by an affidavit containing sufficient facts to establish probable cause that the suspect committed the alleged crime.

An in-person identification procedure where a witness views a suspect in person to determine if they are the perpetrator. Examples include show-ups and lineups.

A legal right for a suspect to have their attorney present during any in-person identification procedure that occurs after formal charges have been filed.

The point in the criminal process when a suspect is formally accused of a crime, either through indictment, a prosecutor's information, or a hearing before a judge.

A procedure where a suspect is brought back to the crime scene within a short time after the crime occurred, allowing witnesses to identify them. This procedure is allowed if the suspect was apprehended shortly after the crime took place.

The identification of a suspect by a witness or victim is a crucial part of the criminal process.

Any actions by an officer conducting an identification procedure that could influence a witness's identification, such as suggesting the identity of the suspect, should be avoided.

After a suspect has been formally charged, they are not required to participate in an identification procedure, but their lawyer has the right to observe it.

The legal basis for taking someone into custody, requiring sufficient evidence to believe they've committed a crime.

If an officer detains a suspect based on reasonable suspicion, transporting the suspect to a witness for identification may be illegal in some jurisdictions.

An identification done immediately after a crime, where a witness confronts a suspect right away.

Witness identification without police involvement, like a bartender naming a regular suspect.

Showing a witness a series of photos to identify a suspect.

The moment you indicate taking someone into custody, regardless of officially stating 'arrest'.

The first formal step in a criminal prosecution, involving taking someone into custody.

Police have the right to keep a suspect under observation once arrested, even while allowing them to retrieve belongings.

The level of evidence needed to justify an arrest, based on reliable information, that a person likely committed a crime.

Information from various sources, like police radio bulletins, tips from citizens, or reports from victims, that establishes a reasonable belief that a crime has been committed and a specific person is likely involved.

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

A victim's description of the assailant, if accurate and consistent with the person's presence at the crime scene, can be sufficient for probable cause to arrest.

Information from a reliable "good citizen" informer, who has personally observed criminal activity, can provide probable cause for arrest.

Information from anonymous, paid, or habitual informers requires careful evaluation to determine its reliability and credibility for establishing probable cause.

Verifying the credibility and reliability of an informer involves assessing their honesty, previous accuracy, and whether they witnessed the criminal activity firsthand.

Corroboration of an informer's tip through independent investigation, surveillance, or verification of details enhances the reliability of the information.

The observation that the suspect matches the description of the alleged criminal, combined with other corroborating factors, can establish probable cause.

Surveillance of the suspect's activities can provide valuable corroborating evidence to establish probable cause, even if the initial information was obtained through less reliable sources.

Verification of seemingly innocent details from an informer's tip, if only the suspect or someone close to them would know, can strengthen the reliability of the information.

Observations made by law enforcement officers, such as seeing suspicious activity, finding evidence, or hearing a confession. This can be used to establish probable cause.

Information received from an informant, which may include tips, leads, or eyewitness accounts. The reliability of the informant's information plays a role in establishing probable cause.

A brief investigative detention of a person based on reasonable suspicion, which allows the officer to question and/or search the individual to ensure safety. It falls short of probable cause.

The legal concept that allows law enforcement officers to search an automobile without a warrant if they have probable cause to believe that the vehicle contains evidence of criminal activity.

The use of a trained drug detection canine to identify the presence of illegal substances. A positive alert by the dog can provide probable cause for a search.

The reputation or past criminal record of a person, which can sometimes factor into probable cause considerations. However, it is generally not a strong factor and should be used cautiously.

An arrest for a minor crime (misdemeanor) committed outside the presence of the arresting officer generally requires a warrant, unless the offense is committed in the officer's presence and state law allows for warrantless arrest.

The legal standard for using force during an arrest, which allows officers to use only the amount of force they reasonably believe necessary to effect the arrest while ensuring public and officer safety.

A legal requirement that a warrant is generally needed to enter a private dwelling to arrest someone, even if probable cause exists. Exceptions apply for emergencies or when consent is given.