Detention
What does lawful detention require?
What is reasonable suspicion of criminal activity?
Reasonable Suspicion CANNOT be based on
hunch or instincts
What is Detention consider to be?
seizure of the person
T or F If the officer finds a cellphone he can take it out and search it
what is False
T or F every time officers use Force it elevates to an arrest
what is False
It is _____an arrest more useful than a consensual encounter.
What is less than?
When is Reasonable Suspicion used
When a Officer has enough FACTS and CIRCUMSTANCES present to suspect criminal activity from happening.
What does Appropriate Actions do?
It ensures that peace officers do not make illegal arrests
what does a cursory/pat search consists of
what is search of the outer clothing
what can officers do to uncooperative individuals
what is can be placed in handcuffs or placed in a patrol vehicle
Can information come from a source that is not proven reliability?
Yes if it is information that triggers investigative actions
Can a Detention last up to 24 hours?
NO a detention must be temporary and last no longer than necessary
T or F if the officer feels contraband on a suspect he can take it out and take if from the suspects
what is True
what is the reason an officer can use Force
what is when officers detains a suspects or moves to arrest
Reasonable suspicion contributes
appearance or condition,
actions, driving, persons history,
demeanor,
Time of day,
location of the stop, experience
Officers should not transport a person during detention unless?
permission, the conditions, and probable cause
When can an officer conduct a cursory/pat search
what is if officers have factual basis to suspect the person is carrying a concealed weapon
what is an action an officer does to be considered excessive force
what is slams an individual on the floor even if they are being cooperative
What are Reasonable Suspicion based on?
observations, experience, eye witnesses or victims.
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Common investigation actions are?
Questioning about identity and conduct
Contacting other individuals
Verifying identification
Bridging the victim to the suspect for identification purpose.
what are 3 conditions for search and seizures during a detention
what is reasonable suspicion, Reason for detention, Bulge in clothing, wearing heavy cloths on a hot night, Persons actions, trying to hide something, or being overly nervous
what is penal code 835a
what is outlines the legal framework within which law enforcement officers in California are allowed to use Force, including deadly force, in the performance of their duties.