LAWS OF ARREST

  1. WHAT IS A CONSENSUAL ENCOUNTER?
    IT IS A FACE TO FACE CONTACT WITH A PERSON UNDER CIRCUMSTANCES WHICH WOULD CAUSE A RESONABLE PERSON TO BELIEVE THEY ARE FREE TO LEAVE OR OTHERWISE NOT COOPERATE.

    NO LEGAL JUSTIFICATION IS NEEDED AS LONG AS OFFICERS ARE IN A PLACE THEY HAVE A RIGHT TO BE AT.
  2. WHAT ARE THE APPROPRIATE ACTIONS PEACE OFFICER CAN TAKE DURING A CONSENSUAL ENCOUNTER?
    • 1.GATHERING OR REQUESTING INFO. INCULDING ID AND PERSONAL INFO.
    • 2.INTERVIEWING WITNESSES AT THE SCENE OF A CRIME OR ACCIDENT.
    • 3.CONVERSING CASUALLY
    • 4.DISSEMINATING INFO
  3. WHAT IS NON COOPERATION OF CONCENSUAL ENCOUNTER?
    IF PEOPLE REFUSE TO COOPERATE DURING THE CONSENSUAL ENCOUNTER, THE PEACE OFFICER MAY NOT REQUIRE THEM TO DO SO. PEOPLE ARE ALLOWED TO LEAVE UNLESS THE OFFICER HAS OBTAINED OR DEVELOPED SUFFICIENT ADDITIONAL INFO WHICH WOULD JUSTIFY DETAINING OR ARRESTING THEM.
  4. WHAT ARE THE ACTIONS THAT MAY ELEVATE A CONSENSUAL ENCOUNTER INTO A DETENTION? WHAT ARE ALTERNATE ACTIONS TO AVOID ELEVATION?
    • POSSIBLE ELEVATING ACTIONS/ALTERNATE ACTIONS
    • -USING EMERGENCY LIGHTS/ USING A SPOTLIGHT RATHER THAN EMERGENCY LIGHTS
    • -PLACING VEHICLE SO AS TO PREVENT THE PERSON OR CAR FROM LEAVING/SELECTING A POSITION OR LOCATION THAT DOES NOT OBSTRUCT THE PERSON OR CAR
    • -ISSUING ORDERS OR COMMANDS/ REQUESTING CONSENT, SEEKING VOLUNTARY COOPERATION
    • -USING ACCUSATORY QUESTIONING OR TONE OF VOICE/ USING NON-ACCUSING, HELPFUL, INQUISITIVE TONE OF VOICE, REQUESTING COMPLIANCE RATHER THAN ORDERING IT.
    • -CONDUCTING CURSORY PAT SEARCHES WITHOUT LEGAL JUSTIFICATION/ ASKING FOR CONSENT TO PAT SEARCH
    • -DEMANDING AND OR KEEPING A PERSONS ID/ REQUESTING ID AND RETURNING IT WHEN FINISHED OR UPON REQUEST
Author
lucascoco
ID
8079
Card Set
LAWS OF ARREST
Description
CH2
Updated