Questions and Answers
What is the 'plain feel' doctrine in the context of searches during a detention?
Officers can arbitrarily decide to open any container found during a detention.
False
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.
Signup and view all the answers
Match the following terms related to searches and seizures during a detention:
Signup and view all the answers
What determines whether a detention is considered an arrest?
Signup and view all the answers
Peace officers can use force during a consensual encounter without restrictions.
Signup and view all the answers
Describe one appropriate action an officer may take during a detention when a person attempts to leave.
Signup and view all the answers
A lawfully detained person beginning to walk off can be _____ by an officer.
Signup and view all the answers
What establishes a lawful detention?
Signup and view all the answers
Match the following terms with their definitions:
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?
Signup and view all the answers
A consensual encounter allows a person to freely leave at any time.
Signup and view all the answers
What is the difference between a detention and a consensual encounter?
Signup and view all the answers
A detention is more substantial than a __________ encounter.
Signup and view all the answers
During a legal detention, which of the following actions is appropriate?
Signup and view all the answers
Reasonable suspicion can be based on a mere hunch.
Signup and view all the answers
Match the following terms with their definitions:
Signup and view all the answers
What is the required mental state of a peace officer to establish reasonable suspicion?
Signup and view all the answers
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.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
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.