Podcast
Questions and Answers
What is the 'plain feel' doctrine in the context of searches during a detention?
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.
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?
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.
A peace officer may use ___________ if necessary to detain a person.
Match the following terms related to searches and seizures during a detention:
Match the following terms related to searches and seizures during a detention:
What determines whether a detention is considered an arrest?
What determines whether a detention is considered an arrest?
Peace officers can use force during a consensual encounter without restrictions.
Peace officers can use force during a consensual encounter without restrictions.
Describe one appropriate action an officer may take during a detention when a person attempts to leave.
Describe one appropriate action an officer may take during a detention when a person attempts to leave.
A lawfully detained person beginning to walk off can be _____ by an officer.
A lawfully detained person beginning to walk off can be _____ by an officer.
What establishes a lawful detention?
What establishes a lawful detention?
Match the following terms with their definitions:
Match the following terms with their definitions:
Which of the following is NOT a condition under which a peace officer may use force during a detention?
Which of the following is NOT a condition under which a peace officer may use force during a detention?
A consensual encounter allows a person to freely leave at any time.
A consensual encounter allows a person to freely leave at any time.
What is the difference between a detention and a consensual encounter?
What is the difference between a detention and a consensual encounter?
A detention is more substantial than a __________ encounter.
A detention is more substantial than a __________ encounter.
During a legal detention, which of the following actions is appropriate?
During a legal detention, which of the following actions is appropriate?
Reasonable suspicion can be based on a mere hunch.
Reasonable suspicion can be based on a mere hunch.
Match the following terms with their definitions:
Match the following terms with their definitions:
What is the required mental state of a peace officer to establish reasonable suspicion?
What is the required mental state of a peace officer to establish reasonable suspicion?
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.
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Description
Explore the legal implications surrounding the use of force during detentions. This quiz will cover how reasonable force impacts whether a detention escalates to an arrest, including the application of physical restraints. Test your understanding of these critical legal concepts.
