LD 15: Use of Force and Detention Law

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Questions and Answers

What is the 'plain feel' doctrine in the context of searches during a detention?

The officer has the ability to manipulate any object.
An officer can seize an item if they have probable cause it is contraband without undue manipulation. (correct)
Detained individuals can deny searches to officers.
All items must be opened to determine legality.

Officers can arbitrarily decide to open any container found during a detention.

False (B)

What actions should officers take if they discover contraband during a cursory/pat search?

Seize the item, question the individual, place them under arrest, and conduct a full custody search.

A peace officer may use ___________ if necessary to detain a person.

force or physical restraints Signup and view all the answers

Match the following terms related to searches and seizures during a detention:

Reasonable Suspicion = Standard for brief stops and limited searches Cursory Search = A quick search for weapons without manipulation Probable Cause = Basis for making an arrest or seizing evidence Contraband = Illegal substances or items that are prohibited Signup and view all the answers

What determines whether a detention is considered an arrest?

The level of force used (A) Signup and view all the answers

Peace officers can use force during a consensual encounter without restrictions.

False (B) Signup and view all the answers

Describe one appropriate action an officer may take during a detention when a person attempts to leave.

The officer may use reasonable force to compel the person to remain. Signup and view all the answers

A lawfully detained person beginning to walk off can be _____ by an officer.

handcuffed Signup and view all the answers

What establishes a lawful detention?

Reasonable suspicion of criminal activity (C) Signup and view all the answers

Match the following terms with their definitions:

Consensual Encounter = An interaction where a person voluntarily engages with law enforcement. Temporary Detention = A brief stop where an individual is not free to leave. Use of Force = Application of physical intervention to control a person. Arrest = The formal action of taking someone into custody. Signup and view all the answers

Which of the following is NOT a condition under which a peace officer may use force during a detention?

The officer feels unsafe (B) Signup and view all the answers

A consensual encounter allows a person to freely leave at any time.

True (A) Signup and view all the answers

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

A detention involves an assertion of authority making an individual believe they are not free to leave, while a consensual encounter allows individuals to leave freely. Signup and view all the answers

A detention is more substantial than a __________ encounter.

consensual Signup and view all the answers

During a legal detention, which of the following actions is appropriate?

Limiting the scope and duration of the detention (B) Signup and view all the answers

Reasonable suspicion can be based on a mere hunch.

False (B) Signup and view all the answers

Match the following terms with their definitions:

Detention = An assertion of authority that restricts personal freedom Consensual Encounter = A voluntary interaction without coercion Reasonable Suspicion = A low standard of evidence needed to justify a detention Probable Cause = A higher standard of evidence necessary for arrests Signup and view all the answers

What is the required mental state of a peace officer to establish reasonable suspicion?

The officer must have a belief that criminal activity has taken place, is taking place, or is about to take place. Signup and view all the answers

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Study Notes

Reasonableness of Use of Force

The nature of force used during a detention impacts whether it is classified as an arrest or a lesser detention.
Officers may apply reasonable physical force or restraints if a person attempts to leave during a detention.
Use of restraints does not automatically change a detention into an arrest.

Interaction with Uncooperative Individuals

Uncooperative individuals may be handcuffed or placed in a patrol vehicle for compliance.
Any force applied must adhere to Penal Code Section 835a.

Examples of Detention Scenarios

An officer may stop a person displaying nervous behavior during questioning and compel them to remain by physical means.
If a detained person flees, officers can pursue and use handcuffs to secure them if they resist.

Understanding Detention

A temporary detention indicates authority, weaker than an arrest but stronger than a consensual encounter.
Key differences must be recognized between consensual encounters and formal detentions.

Cursory Searches and Seizures

Officers may conduct cursory searches for weapons or dangerous instruments within legally defined limits.
If contraband is found during a cursory/pat search, it may be seized based on the "plain feel" doctrine.
Police must demonstrate probable cause, derived from training or experience, to lawfully seize items deemed contraband.

Examples of Search Protocols

An officer may discover an illegal firearm during a cursory search if the detained individual matches a suspect description in a recent crime.
Observations like a bulge under clothing can result in further search protocols, provided they adhere to lawful guidelines.

Use of Force and Restraint Guidelines

Officers may need to use physical force or restraints during a detention when necessary.
Specific protocols are documented for detentions, reasonable suspicion, appropriate actions during a detention, and searches.