5. Pursuit... 2:25 6. High Speed Chases... 2:26 III. IDENTIFICATIONS... 3:1 A. In-Person Identifications... 3:1 1. Right to Have Counsel Present...
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1 CONTENTS I. PURPOSE AND USE OF THIS MANUAL... 1:1 II. THE POLICE-CITIZEN ENCOUNTER... 2:1 A. Police Activities That Require No Evidence of Wrongdoing... 2:2 1. Routine Patrol... 2:2 2. The Consensual Encounter... 2:2 3. Community Caretaking Activities... 2:4 4. Roadblock or Checkpoint Vehicle Stops... 2:4 5. Canine Sniffs... 2:7 B. Investigative Detention... 2:8 1. What You Need to Make an Investigative Detention Reasonable Suspicion... 2:8 a. Personal Observation and Information Known to Other Officers... 2:9 b. Tips From Informers... 2:9 c. Pretext Stops... 2:11 2. Conduct During Detention... 2:12 a. The Terry Stop... 2:12 b. The Terry Frisk... 2:15 c. Plain Touch Seizures... 2:16 d. Additional Officer Security Measures... 2:19 3. Detention During Execution of a Warrant... 2:20 4. Motor Vehicle Stops... 2:22 a. Occupants of Vehicles... 2:22 b. Duration of Motor Vehicle Stop... 2:23 c. Luggage in Vehicles... 2:24
2 5. Pursuit... 2:25 6. High Speed Chases... 2:26 III. IDENTIFICATIONS... 3:1 A. In-Person Identifications... 3:1 1. Right to Have Counsel Present... 3:1 2. On-the-Scene Showups... 3:2 3. Immediate Identification Demanded by a Suspect... 3:3 4. Identification by Witness Without Police Participation... 3:3 B. Photograph Identification... 3:3 IV. ARREST... 4:1 A. When an Arrest Takes Place... 4:1 B. What You Need to Arrest Probable Cause... 4:2 1. Official Reports... 4:5 2. Crime Victims or Witnesses... 4:6 3. Reports From Good Citizen Informers... 4:6 4. Anonymous, Paid, or Habitual Government Informers... 4:6 5. Automobiles... 4:9 6. Canine Sniffs... 4:10 7. Defendant s Reputation or Past Record... 4:10 C. Misdemeanor Arrests... 4:10 D. Use of Force to Make an Arrest... 4:11 E. When You Should Get an Arrest Warrant... 4:12 F. When You Don t Need an Arrest Warrant... 4:14 G. Constitutional Requirements of an Arrest Warrant... 4:16 H. Requirements for Execution of an Arrest Warrant... 4:17 I. Foreign Nationals... 4:20
3 V. SEARCH INCIDENT TO ARREST... 5:1 A. Automobile Searches... 5:2 B. Time and Place... 5:5 C. Plain View... 5:7 D. Sweep of Premises Where Arrest Has Been Made... 5:8 E. More Intrusive Searches... 5:9 F. Obtaining Physical Evidence From the Body of a Suspect Under Arrest... 5:10 G. Obtaining Physical Evidence From the Body of a Suspect Not Under Arrest... 5:12 VI. INTERROGATION... 6:1 A. When Warnings Should Be Given... 6:2 1. In Custody... 6:2 2. Interrogation... 6:5 B. When Warnings Are Not Necessary... 6:7 C. Miranda Warnings... 6:11 D. When to Repeat the Warnings... 6:13 E. Interrogating Juveniles... 6:14 F. The Suspect s Answer... 6:15 G. Questioning... 6:24 H. Belated Warnings... 6:27 I. Exceptions to Miranda s Exclusionary Rule... 6:28 J. Dealing With a Formally Charged Suspect... 6:29 VII. SEARCH AND SEIZURE... 7:1 A. Search Without a Warrant... 7:3 1. Search Incident to Arrest... 7:4 2. Automobile Searches... 7:4 3. Emergencies and Exigent Circumstances... 7:7 4. Hot Pursuit... 7:9 5. Consent... 7:10
4 6. Administrative Searches... 7:16 7. Probation and Parole Searches... 7:16 B. Searches That Aren t Really Searches... 7:17 1. Abandoned Property... 7:17 2. Open Fields... 7:18 3. Aerial Surveillance... 7:19 4. Public Places, Open View... 7:20 5. Plain View... 7:20 6. Plain Touch... 7:21 7. Private Searches... 7:22 8. Chemical Field Tests and Blood Alcohol Tests... 7:23 9. Canine Sniffs... 7:24 C. Search With Warrant... 7:24 1. Probable Cause... 7:25 2. Constitutional Requirements for Search Warrants... 7:25 a. Particularity of Description... 7:26 b. Anticipatory Search Warrants... 7:27 c. Computers and Other Special Cases... 7:28 d. Prompt Execution of Warrant... 7:29 e. Unannounced Execution of Warrant... 7:29 f. Damaging Property... 7:31 g. Items Not Mentioned in Warrant... 7:31 h. Mistake... 7:31 3. Oral Applications for Search Warrants... 7:32 4. Media Presence... 7:34 D. Automobile Inventories... 7:34 E. Inventories of Arrestees... 7:35 F. Administrative Search Warrants... 7:36 G. Computers and Other Electronic Devices... 7:38
5 1. Warrantless Searches and Seizures... 7:40 2. Getting a Warrant... 7:41 3. Seizing Electronic Devices... 7:42 4. Searching Electronic Devices... 7:42 H. The Exclusionary Rule... 7:43 VIII. SURVEILLANCE AND PRESERVATION OF EVIDENCE... 8:1 Part I. Surveillance... 8:1 A. Police Surveillance Without Electronic Devices... 8:1 B. Electronic Surveillance of Communications... 8:4 C. Electronic Devices That Do Not Intercept Communications... 8:6 1. Pen Registers... 8:6 2. Tracking Devices... 8:6 3. Heat-Sensing Devices... 8:8 Part II. Preservation of Evidence... 8:8 IX. ENTRAPMENT... 9:1 X. DISABLED PERSONS... 10:1 A. Assessing the Condition of Persons Who Are Not Fully Conscious or Able to Communicate... 10:1 B. Arresting Persons With Disabilities... 10:2 C. Communicating With Disabled Persons... 10:3 XI. CASE REFERENCES... 11:1
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