<- Previous Page
Specific Issues
^- Up One Level
Table Of Contents
Next Page ->
General Rule
Chapter 3
: Detentions:
Table Of Contents
Chapter 3
: Detentions:
General Rule
Test
Detentions vs. Arrests
General Rule
Indicators of an Arrest:
The Use of Firearms
The Use of Handcuffs
A Locked Patrol Car
Show of Force
Physical Touching
Transporting a Detainee
Exceptions:
In General
Examples
Case Law
Non-Consensual Transportation Exceptions
Reasonable Suspicion
Defined
Articulable Objective Suspicion
A Hunch
The Totality of the Circumstances
The Officer's Subjective Conclusions
A Seizure
Probable Cause vs. Reasonable Suspicion
Various Factors
In General
A 'High Crime' or 'High Narcotics' Area
Types of Detentions:
Traffic Stops:
Detention vs. Arrest
No Law Enforcement Involvement
Moving Violations
Vehicle Code Equipment Violations
Weaving Within the Lane
Gang-Related Investigations
To Identify a Suspect in a Criminal Offense
Mistake of Law vs. Mistake of Fact
Pretext Stops
Motor Vehicle Passengers:
To Arrest a Passenger
To Detain a Passenger
Ordering Out
Ordering In
Flight
Search Incident to Citation
Detention of Residents During the Execution of a Search Warrant
Prolonged Detentions
Enlarging the Scope of the Original Detention
Taking Fingerprints
Driving Under the Influence Cases:
Weaving
DUI (and Other Regulatory “Special Needs”) Checkpints
Other Regulatory Checkpoints
Dual Purpose Checkpoints
Multiple Agency Checkpoints
Drug Interdiction Checkpoints
A Field Interview
During Execution of a Search or Arrest Warrant, or Fourth Waiver Search
Pending the Obtaining of a Search Warrant
Anonymous Information
Rule:
Pat Down for Weapons
Contraband in a Vehicle
Specific Physical Description
Further Examples
Looking for Exceptions
Corroboration
Rule
Examples
In a Prison or Jail
Minors
School Officials
A School Resource Officer
Minors Violating Curfew
Miranda
Use of Force
Factors
Refusal to Submit
Use of Firearms, Handcuffs, Locked Patrol Car, or a Show of Force
Detentions in a Residence During the Execution of a Search Warrant
Deadly Force
Demanding Identification
Detentions of Employees in the Workplace (or Students at School)
Seizure of Firearms During a Detention
Detention Examples, in General
Merchants, Library Employees and Theater Owners
<- Previous Page
Specific Issues
^- Up One Level
Table Of Contents
Next Page ->
General Rule
© 2008 Legal Update . All Rights Reserved.