COMMON LAWS

DEFINITION OF DETAINMENT:

A detention occurs when a peace officer exercises authority in a way that would make a reasonable person believe they are not free to leave. It is based on reasonable suspicion, which means the officer has specific and articulable facts that suggest a person is, was, or is about to be involved in criminal activity.

REASONABLE SUSPICION:

Reasonable suspicion is when enough specific facts and circumstances exist to justify the belief that a person is involved in criminal activity and that the individual being detained is connected to it. 

BASIS FOR REASONABLE SUSPICION:

Reasonable suspicion can be based on an officer’s observations, training, experience, or information from eyewitnesses, victims, or other officers (the totality of the circumstances). It must be more than a mere hunch. 

CONTRIBUTING FACTORS:

• Appearance or condition (e.g., intoxication, resembling a wanted person).

• Actions (e.g., hiding objects, suspicious movements, fleeing a crime scene).

• Driving behaviors.

• Knowledge of the person’s history (e.g., criminal record or conduct).

• Demeanor (e.g., nervous, unresponsive).

• Time of day (e.g., unusual activity at odd hours).

• Location (e.g., near a crime scene, or in an area known for criminal activity).

• Officer’s training and experience (e.g., expertise in narcotics or gang activity).

Note: Fleeing alone is not sufficient for reasonable suspicion.

RELIABLE SOURCES:

Officers can act on information from others to investigate potential criminal activity and detain individuals. This information does not need to come from a proven reliable source, but a purely anonymous tip is generally not enough to justify detention unless corroborated by other circumstances. An exception can be made if the tip involves a serious or immediate public threat, such as a DUI. 

APPROPRIATE ACTIONS DURING DETENTION:

• Questioning the person about their identity and actions.

• Contacting others to verify explanations, check identification, or see if the person is wanted.

• Checking premises, examining objects, or speaking to neighbors to determine if a crime occurred.

• Bringing a victim to the suspect for identification.

LENGTH OF DETENTION:

Detentions must be temporary and last no longer than necessary to resolve the reason for the stop. A suspect's actions could extend the detention or even provide probable cause for arrest. If the person’s answers satisfactorily reduce or eliminate suspicion, they must be released. 

TRANSPORTING DURING DETENTION:
Generally, transporting a detained person without their consent is considered an arrest. However, exceptions exist if:

• The detainee gives permission,

• It’s impractical to bring the witness or victim to the detainee,

• The conditions are dangerous for the person or officer(s),

• Independent probable cause to arrest exists.

RIGHT TO REMAIN SILENT:

A detainee is not required to answer any questions, and refusing to answer is not grounds for probable cause. However, if someone flees from lawful detention or gives misleading answers that delay the investigation, they may be arrested. 

SEARCHES AND SEIZRURES DURING DETENTION:

• Pat-down/Cursory Searches: Officers can conduct a pat-down if they have specific reasons to believe the person is armed and/or dangerous.

• Scope: The search is limited to a frisk of outer clothing to locate possible weapons. It is not a search for evidence or contraband. If an object is found, the officer may manipulate it to confirm whether it could be a weapon, but must stop if it is clearly not dangerous. 

FACTORS SUPPORTING SUSPICION OF A WEAPON:

• Clothing (e.g., bulges in clothing, wearing heavy coats in hot weather).

• Actions (e.g., trying to hide something or appearing overly nervous).

• Knowledge of the person’s history with weapons or violent behavior.

• Location (e.g., isolated area where immediate assistance is unlikely).

• Time of day (e.g., dark night increasing the risk of attack).

• Reason for detention (e.g., serious or violent offenses).

• Companions: If a companion’s search reveals a weapon, this may justify searching others.

DISCOVERY DURING SEARCH:

If an officer discovers a weapon or an object that could be used as a weapon, they have the right to remove it. This includes everyday objects like screwdrivers or pocket knives. Containers that could hold a weapon can also be removed and opened. If contraband is found during the search, appropriate arrest procedures should follow.

USE OF FORCE DURING DETENTION:

If a person attempts to leave during detention, officers may use reasonable force or physical restraints to prevent them from leaving. Uncooperative individuals may be handcuffed or placed in a patrol vehicle.

DEFINITION OF ARREST:

An arrest occurs when a person is taken into custody in a manner authorized by law. 

PROBABLE CAUSE:

Probable cause is a set of facts that would lead a reasonable person, exercising ordinary care, to have a strong belief that the individual to be arrested is guilty of a crime. It must be established before making an arrest and is determined by the totality of the circumstances.

Facts establishing probable cause can include, but are not limited to:

• Direct investigation or reports.

• Circumstantial evidence.

• Reliable second-hand statements.

REASONABLE SUSPICION VS. PROBABLE CAUSE:

REASONABLE SUSPICION:

• Possible influence of drugs.

• Suspicious actions, words, or demeanor during detention.

• Erratic driving.

• Pat-down for weapons.

• Possible connection to a burglary.

PROBABLE CAUSE:

• Illegal intoxication levels.

• Self-incrimination or discovery of contraband.

• Driving under the influence or possession of contraband.

• Possession of weapons or contraband.

• Discovery of stolen property.

ELEMENTS OF A LAWFUL ARREST:

PEACE OFFICER'S AUTHORITY TO ARREST:
Officers can make an arrest under the following conditions:

• With a warrant.

• Without a warrant:

  • If they have probable cause to believe the person committed a felony or misdemeanor in their presence. 

  • If they have probable cause to believe the person committed a felony, even if it wasn't in their presence.

  • If they have probable cause to believe the person committed a felony, regardless of whether a felony has actually been committed.

OFFICER'S PRESENCE:
"Presence" refers to anything detected through the officer's senses, such as sight, hearing, or smell. These senses may be enhanced by tools like:

• Binoculars

• Dogs

• Flashlights

• Phones

INFORMATION REQUIRED AT THE TIME OF ARREST:
At the time of the arrest, the officer must inform the individual of three things:

• Intent: The officer must state that the person is being arrested.

• Cause: The reason for the arrest must be explained.

• Authority:

  • A non-uniformed officer must show identification.

  • A uniformed officer or the use of a marked patrol car satisfies this requirement.

  • If a private person is making the arrest, they must declare their authority. 

EXCEPTIONS TO COMMUNICATING THESE REQUIREMENTS:
An officers or private person does not need to inform the individual of these three points if:

• The person is caught in the act of committing the offense.

• The person is attempting to escape. 

FIRST AMENDMENT:

The First Amendment to the U.S. Constitution protects freedom of speech, religion, press, assembly, and petition. It limits government actions that infringe on these rights. 

For peace officers, this means:

• Free Speech: Officers cannot arrest someone just for criticizing the police, as it's protected speech.

• Public Assembly: They must allow peaceful protests, even if they disagree with the message.

• Freedom of Press: Officers can't block media from reporting in public spaces unless there's a legitimate safety concern.

Note: However, speech inciting violence or illegal activity isn't protected.

FOURTH AMENDMENT:

The Fourth Amendment protects against unreasonable searches and seizures, requiring law enforcement to have probable cause and, in many cases, a warrant to search or arrest individuals.  

For peace officers, this means:

• Searches: Officers generally need a warrant to search a person's home, vehicle, or belongings unless there's consent, an emergency, or during a lawful arrest. 

• Seizures: Officers must have probable cause to stop or detain someone. 

Note: Unlawful searches or arrests can lead to evidence being excluded in court (the exclusionary rule).