TMAS Exam 2 - Ch. 15 Flashcards

Questions and Answers

What are the types of Miranda waivers?

Expressed

Implied

Conditional

All of the above (correct)

What is a situation in which a peace officer is not required to give the Miranda warning?

Imminent concern for the safety of a person or the public.

What is the difference between an interview and an interrogation?

Interviews are for non-suspects, while interrogations are for suspects.

What is the purpose of an interrogation?

To obtain an admission or confession, identify individuals involved, establish guilt, corroborate facts, and recover evidence. Signup and view all the answers

What is the distinction between a confession and an admission?

A confession acknowledges all elements of a crime; an admission acknowledges facts that may incriminate but doesn't admit to the crime. Signup and view all the answers

What conditions can make an admission or confession inadmissible in court?

If it violates constitutional rights or is obtained through coercion. Signup and view all the answers

What amendments are included in the Constitutional Protections and the role of a Peace Officer?

Fifth Amendment Signup and view all the answers

What is the Fourth Amendment?

Peace officers have a responsibility to protect the Fourth Amendment rights of all citizens as it applies to unreasonable searches and seizures. Signup and view all the answers

What are the main issues addressed by the Fourth Amendment?

Unreasonable searches and seizures. Signup and view all the answers

What is the Fifth Amendment?

Peace officers have a responsibility to protect the Fifth Amendment rights of citizens as they pertain to double jeopardy, self-incrimination, or deprivation of life, liberty, or property without due process. Signup and view all the answers

What are the main issues addressed by the Fifth Amendment?

Double jeopardy, self-incrimination, due process. Signup and view all the answers

What is the Sixth Amendment?

Peace officers have a responsibility to protect the Sixth Amendment rights of people, which include the right to a speedy trial, an opportunity to confront witnesses, and the right to counsel during court proceedings. Signup and view all the answers

What are the main issues addressed by the Sixth Amendment?

Right to a speedy trial, opportunity to confront witnesses, right to counsel. Signup and view all the answers

What is the Fourteenth Amendment?

Peace officers have a responsibility to protect the Fourteenth Amendment rights of all people in the United States, requiring officers to apply the law equally to all. Signup and view all the answers

What are the main issues addressed by the Fourteenth Amendment?

Equal application of the law. Signup and view all the answers

What is a peace officer's responsibility regarding federal civil rights statutes?

Peace officers have a responsibility and legal obligation to protect the civil rights of all people as those rights pertain to the Federal Civil Rights Statutes. Signup and view all the answers

What is deemed appropriate conduct during a consensual encounter?

Requesting information, conversing casually, disseminating information, interviewing witnesses. Signup and view all the answers

What conduct may elevate a consensual encounter?

Using emergency lights, blocking exits, issuing commands, conducting cursory searches without justification. Signup and view all the answers

What are the consequences of elevating a consensual encounter?

Violation of the Fourth Amendment, civil or criminal prosecution, disciplinary actions. Signup and view all the answers

What is the difference between a detention and a consensual encounter?

A consensual encounter implies a person feels free to leave; detention requires reasonable suspicion of criminal activity. Signup and view all the answers

What is a lawful detention?

Requires reasonable suspicion of criminal activity; involves an assertion of authority impacting a person's perception of freedom. Signup and view all the answers

What is reasonable suspicion?

When a peace officer has enough facts to suspect that criminal activity is occurring and that the person detained is connected to it. Signup and view all the answers

Reasonable suspicion of criminal activity MUST exist to make a detention lawful.

True Signup and view all the answers

What may reasonable suspicion be based on?

Observation, personal training and experience, information from eyewitnesses, the totality of circumstances. Signup and view all the answers

What are factors that contribute to establishing reasonable suspicion?

Appearance or condition of a person, actions, driving behaviors, demeanor, time of day, location, officer experience. Signup and view all the answers

What are appropriate peace officer actions during a detention?

Questioning identity, contacting witnesses, checking premises, verifying identification. Signup and view all the answers

What is the scope and conditions for warrantless searches and seizures during a detention?

Cursory/pat searches to protect officers, requiring specific facts indicating danger. Signup and view all the answers

What is the scope for a warrantless cursory pat/search?

Limited to a cursory pat down of outer clothing to locate possible weapons. Signup and view all the answers

During warrantless seizures, what must happen when an officer realizes an object is not a weapon?

The officer may not further manipulate the object and must move on. Signup and view all the answers

What conditions indicate that use of force or physical restraint is appropriate during a detention?

If a person attempts to leave, officers may use reasonable force as necessary. Signup and view all the answers

What Penal Code section regulates the use of force during a detention?

Penal Code 835a. Signup and view all the answers

What are probable causes to arrest?

Illegal intoxication, self-incrimination, possession of contraband, DUI, discovery of stolen property. Signup and view all the answers

What are factors of reasonable suspicion?

Influence of substances, actions or demeanor, erratic driving, prior knowledge, and more. Signup and view all the answers

What are elements of a lawful arrest?

Arresting by a peace officer or private person, proper custody, reasonable force as needed. Signup and view all the answers

What is the difference between arrest and detention?

An arrest implies custody and full control; a detention suggests limited authority without custody. Signup and view all the answers

Define custody in terms of an arrest.

Custody implies full control by the person making the arrest. Signup and view all the answers

What information must be given to an arrested person?

Intent, cause for the arrest, authority of the arresting party. Signup and view all the answers

How do you relay intent during an arrest?

The arresting person must tell the individual that he or she is being arrested. Signup and view all the answers

How do you relay cause during an arrest?

The arresting person must state the reason for the arrest. Signup and view all the answers

How do you properly communicate authority during an arrest?

Identification must be shown by non-uniformed officers; uniformed officers can satisfy this requirement without ID. Signup and view all the answers

What are the elements of a warrantless arrest for a misdemeanor?

Probable cause that the misdemeanor was committed in the officer's presence. Signup and view all the answers

What are the circumstances for a warrantless arrest when a misdemeanor was not committed in the officer's presence?

Circumstances include offenses like DUI, carrying a loaded firearm, or violations of protective orders. Signup and view all the answers

What are the elements of a warrantless arrest for a felony?

Probable cause for a felony committed in the officer's presence or in general. Signup and view all the answers

What are the elements of a warrant arrest?

Name of defendant, crime suspected, time and place of issuance, signature of the issuing authority, amount of bail. Signup and view all the answers

What are the requirements for entry into a dwelling to make an arrest?

Officer's entry is based on consent, exigent circumstances, lawful purpose, or knock and notice. Signup and view all the answers

What is the authority for a private person's arrest and what is the peace officer's duty in response?

Private persons may make both felony and misdemeanor arrests; officers can release, issue a citation, or take the person to a magistrate. Signup and view all the answers

What conditions indicate that use of force or physical restraint is appropriate during an arrest?

Penal Code Section 835a authorizes reasonable force necessary for arrest, prevention of escape, or resistance. Signup and view all the answers

What are the statutory requirements for the disposition of an arrested person?

Procedures include responses guided by warrants or citations based on the nature of the arrest. Signup and view all the answers

What are the exemptions to the powers to arrest?

Immunity, statute of limitations. Signup and view all the answers

What is the purpose of the Miranda Warnings?

To allow statements made to be admissible in court without violating the Fifth Amendment right against self-incrimination. Signup and view all the answers

When must the Miranda Warnings be given?

If an officer is about to interrogate a person who is in custody. Signup and view all the answers

What is the proper administration of the Miranda Warnings?

Informing that no one shall be compelled to be a witness against themselves; acknowledgment of understanding is necessary. Signup and view all the answers

What is the impact of invoking rights during interrogation?

The right to remain silent and not to incriminate oneself. Signup and view all the answers

Study Notes

Constitutional Amendments

Fourth Amendment protects against unreasonable searches and seizures.
Fifth Amendment guarantees the right against double jeopardy and self-incrimination, along with due process.
Sixth Amendment ensures the right to a speedy trial, confrontation of witnesses, and counsel.
Fourteenth Amendment mandates equal application of the law to all individuals.

Responsibilities of Peace Officers

Peace officers must uphold citizens' rights under the Fourth, Fifth, Sixth, and Fourteenth Amendments.
They are responsible for protecting civil rights in accordance with Federal Civil Rights Statutes.

Consensual Encounters vs. Detentions

A consensual encounter occurs when individuals feel free to leave, with no legal justification needed.
Detention requires reasonable suspicion of criminal activity and signifies no freedom to leave.

Reasonable Suspicion

Reasonable suspicion exists when sufficient facts suggest a connection to criminal activity.
It can be based on direct observations, training, experience, or information from others.

Appropriate Actions During Detention

Officers may question detaining individuals, verify identities, and check for warrants.
Cursory searches for weapons are permissible if there are specific safety concerns.

Use of Force

Force may be used to detain someone attempting to leave but must align with Penal Code Section 835a.
Cursory searches are limited to outer clothing to check for weapons without extending to evidence search.

Arrest Procedures

An arrest is defined as taking someone into custody with full control justified by law.
Officers must communicate the intent (arrest), cause (reason for arrest), and authority (proof of identity).

Warrantless Arrests

A misdemeanor can be arrested without a warrant under specific circumstances, including domestic violence and DUI.
Felonies allow for warrantless arrests when probable cause exists, regardless of witnessing the crime.

Miranda Warnings

Miranda Rights must be read during custodial interrogation to ensure compliance with the Fifth Amendment.
These rights include the right to remain silent and the right to legal counsel.

Interrogation and Admission

Interviews involve questioning non-suspects willing to cooperate; interrogations focus on suspects, often in follow-up investigations.
A confession acknowledges all crime elements, while an admission only acknowledges incriminating facts.

Legal Considerations

Searches during detentions must be limited to safety concerns, and any findings cannot lead to further manipulation of items not constituting weapons.
Statements made during custodial interrogation without proper Miranda advisement may be deemed inadmissible in court.

Additional Elements

Statutory requirements dictate the disclosure of arrest information and handling suspected offenders.
Use of force during arrest must be reasonable and necessary, aligning with applicable legal standards.

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Description

Test your knowledge on Constitutional Protections and the responsibilities of Peace Officers. This quiz covers key amendments, primarily focusing on the Fourth, Fifth, Sixth, and Fourteenth Amendments, and their implications for law enforcement. Perfect for students preparing for the TMAS exam.