22-05 Detaining and Questioning and Search and Seizure Procedures

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Questions and Answers

During custodial questioning, what should happen if the individual indicates they wish to remain silent?

Questioning will not begin or continue until the individual voluntarily reinitiates communication. (correct)

The individual will be forced to answer questions.

The individual will be released from custody.

Questioning will continue until the individual answers a question.

What should be documented in the formal statement during questioning?

The names of all individuals present and the time. (correct)

Only the names of the individuals present.

Only the time of the questioning.

The location of the questioning.

What happens if the individual affirmatively states they want to consult with a lawyer during custodial questioning?

The individual will be forced to answer questions.

Questioning will stop until the individual has consulted with a lawyer. (correct)

Questioning will continue until the individual answers a question.

The individual will be released from custody.

What is the purpose of the 'Internally Recorded Digital Media Records' directive?

To record interrogations. Signup and view all the answers

What happens if there is a break in custody or the individual is released from custody during questioning?

Questioning can continue after 14 days (Bright Line Rule). Signup and view all the answers

Who should refer to the '2010 and 2012 Miranda Decision of the United States Supreme Court' Legal Bulletin?

All sworn members. Signup and view all the answers

What should the individual do to confirm their statement?

Sign and date the statement. Signup and view all the answers

What should happen if the individual voluntarily reinitiates communication with the police during custodial questioning?

Questioning will begin or continue and the individual's rights will be waived. Signup and view all the answers

Under what circumstance can a sworn member stop or detain an individual without making an arrest?

When the sworn member has reasonable suspicion to believe the individual is committing, has committed, or is about to commit a crime. Signup and view all the answers

What is a valid basis for reasonable suspicion?

Personal observation of incriminating matters. Signup and view all the answers

What is the purpose of a search?

To discover contraband, illicit or stolen property, or some evidence of guilt. Signup and view all the answers

What is the significance of the Miranda Warning?

It is a warning given to individuals before they are interrogated. Signup and view all the answers

What is the purpose of a custody interrogation?

To obtain a voluntary statement from an individual. Signup and view all the answers

What is required for a confession to be admissible in court?

The individual must be informed of their rights and give a voluntary statement. Signup and view all the answers

What is the purpose of documentation in law enforcement?

To document every aspect of an investigation or encounter. Signup and view all the answers

What is the significance of the Annexes in the directive?

They provide additional information and guidance on specific topics. Signup and view all the answers

What is the primary purpose of a frisk, as outlined in the procedural instruction?

To protect the sworn member from potential harm Signup and view all the answers

Under what circumstances may a sworn member conduct a pat-down of an individual's outer clothing?

When the sworn member has reasonable suspicion to believe the individual may be armed and dangerous Signup and view all the answers

What is the purpose of the Miranda Warning, as outlined in the procedural instruction?

To inform the individual of their rights before being questioned Signup and view all the answers

What is the Plain Feel Exception, as outlined in the procedural instruction?

An exception that applies to items that are immediately apparent during a frisk Signup and view all the answers

What is the purpose of the search of vehicles and premises, as outlined in the procedural instruction?

To discover evidence of a crime Signup and view all the answers

What is the difference between a frisk and a full search, as outlined in the procedural instruction?

A frisk is a pat-down of the individual's outer clothing, while a full search is a thorough search of the individual's person and premises Signup and view all the answers

What is the purpose of documenting evidence discovered during a search, as outlined in the procedural instruction?

To maintain a record of evidence discovered during a search Signup and view all the answers

What is the significance of the 2010 and 2012 Miranda Decisions of the US Supreme Court, as outlined in the procedural instruction?

They clarified the limitations and restrictions on detaining and questioning individuals Signup and view all the answers

Study Notes

Documenting Questioning

The names of all individuals present during questioning and the time should be documented in the formal statement.
The individual will be requested to date and sign the statement.

Custodial Questioning

Questioning must stop if the individual:
- Indicates they wish to remain silent.
- Affirmatively states they want to consult with a lawyer.

Rules for Resuming Questioning

After invoking the right to remain silent or requesting a lawyer, questioning can only resume if:
- The individual voluntarily reinitiates communication with the police, leading to re-interrogation and a waiver of their rights.
- The individual has consulted with a lawyer.
- There is a break in custody or the individual is released from custody, and 14 days have passed (Bright Line Rule).

Recording Interrogations

Interrogations will be recorded in accordance with the written directive entitled, “Internally Recorded Digital Media Records.”

Search and Seizure

A search is a visible and/or physical examination of an individual’s house, place, or personal property, with the intent to discover contraband, illicit or stolen property, or evidence of guilt.

Terry Stop

A sworn member may stop or detain an individual when they have reasonable suspicion to believe that the individual is committing, has committed, or is about to commit a crime.
Reasonable suspicion can be based on:
- Personal observation of incriminating matters.
- Facts learned by the sworn member in the investigation of a crime.
- Individual being in the vicinity at the time of a crime.

Frisk and Plain Feel Exception

A frisk is a pat-down of an individual’s outer clothing to discover weapons that might be used to assault the sworn member.
The plain feel exception applies to items that are immediately apparent while conducting a frisk to be contraband, discovered by sense of touch.

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Description

Learn about the protocols for custodial questioning, including documentation requirements and individual rights. Understand when questioning must stop and the role of voluntary reinitiation.