Choices And Environment

Bertha Romero

04/27/11

Ch. 11 Field Interviews, Arrests, and Jail Searches

1. When the topic is the right to use force, the reasonable person is the reference point. A hypothetical reasonable person has all of the physical attributes of the person who must decide whether or not to use force. In addition, the reasonable person is in the same situation as the person in question has the same weapons available, and the same people are present. The reasonable person will have reasonable emotional reactions to the situation.

2. The U.S. Supreme Court agreed with the police that officers should have the power to act even though the facts do not indicate that an arrest should be made. The police may temporarily detain someone for questioning if there are specific articulable facts that would lead a reasonable police officer to believe that criminal activity is occurring.

3. There is no automatic right to search every person stopped. Officers must have a reasonable suspicion that the search is needed for their protection. If a person is stopped, for example, because there is reasonable suspicion that a violent crime has been committed or is in progress, the right to search logically follows. If the situation involves a property crime, there may be little or no right to search.

4. The supreme court, in Davis v. Mississippi and Hayes v. Florida, heard cases involving taking suspects to the police station for fingerprinting. Both times the court ruled that this may not be done without probable cause to arrest. The most recent case indicated that it would, however, be legal to fingerprint a person at the scene.

Miranda warnings are not required when an officer questions a suspect during a temporary detention based on reasonable suspicion. The warnings will be required for questioning after an arrest is made. Dunaway v. New York held that transportation to the station for questioning can only be done if the suspect consents or has been arrested.

5. Immediately...