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- Police Procedure for Stops, Searches, Frisks, and Arrests.
- by- Rabbyt
-
-
- This phile was created for the use by any citizen to know and understand their rights
- and the procedures involved in police activity. Knowledge of the law can save you alot of
- hassle from our wonderful government and the local boys in blue. This is the basics for
- anyone wondering what cops do and how in the hell they can do it.
-
-
- When an Arrest Can Be Made
- _________________________
- An Arrest can be legally made:
- -With an arrest warrant
- -Without an arrest warrant:
- a) When any offense, felony or misdemeanor, is committed in an officer's presence.
- (in some jurisdictions, "in the presence", does not refer to proximity, but rather
- to the officer's senses - that is, what the person making the arrest perceives
- through his or her senses)
- b) When officers have probable cause to believe a person has committed a felony and no time
- is available to obtain a warrant
- c) for specifically stated misdemeanors, such as shoplifting.
-
- -Probable Cause
- The fact that it is more likely than not that a crime has been committed by the person whom
- a law enforcement officer seeks to arrest. An officer's probable cause to conduct an arrest
- depends on what the officer knew before taking action.
-
- -Observational Probable Cause
- Includes suspicious conduct, being high on drugs, associating with known criminals, the
- existence of a criminal record, running away, presence in an unusual place or at an unusual
- time, presence in a high crime area, presence at a crime scene, failure to answer questions,
- failure to provide identification, providing false information and physical evidence...the
- more factors present, the greater the probable cause.
-
- -Informational probable cause
- Consists of communications from official sources such as wanted posters, statements from
- victims and information from informants.
-
-
- In a typical arrest situation officers should:
- -Announce the arrest and the reason for it (if you get arrested, you make damn sure it's for
- something)
- -Handcuff the person if warranted
- -Search the arrested person for weapons and evidence
- -Give Miranda warning if questions are to be asked
-
-
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- The Use of Force in Making an Arrest
- _______________________________________
- Guidelines for use of force in making an arrest:
- -No resistance, no force
- -Resistance: only as much force as necessary to overcome resistance
- -Threat to officer's life: use of deadly force
-
- So don't be stupid and tell the nice cop that you're going to fukkin kill him, you'll get
- your ass beat and it'll be legal.
-
-
- Searches
- ____________
- A search may be legally conducted if:
- -a search warrant has been issued
- -Consent is given ("yes officer, please look through my stuff")
- -It is incidental to a lawful arrest
-
-
- Stop and Frisk
- _____________________
- A stop and frisk situation is one in which law enforcement officers:
- -Briefly detain a suspicious person for questioning (this is not an arrest so they dont
- have to read the Miranda)
- -And if they reasonably suspect the person to be armed, are allowed to pat the person's
- outer clothing (this is a limited search for weapons, they CANNOT ask you to empty your
- pockets or go through them themselves unless they think they feel a weapon)
-
-
- The Frisk
- _____________
-
- The frisk in a stop and frisk, conducted for the officer's safety, also must be based
- on a reasonable suspicion that the person is armed. (So if your wearing a t-shirt and shorts,
- and the cop frisks you, he's probably just trying to feel you up)
-
-
- The Stop
- _____________
- The stop in a stop and frisk must be based on a reasonable suspicion that the person is about
- to be or is actually engaged in criminal activity. Among the most common reasons for a stop are
- the following:
- -the person does not 'fit in' with the time or place
- -the person fits the description of a suspect
- -the person is acting strangely
- -the person is known to associate with criminals
- -the person is loitering
- -the person runs away (unless you've got some major shyt on you, DO NOT run)
- -the person is present at a crime scene
- -the area is a high-crime area
- The stop may be all that occurs, it may lead to a patdown or it may progress to an arrest,
- depending on the information received.
-
-
- Stop vs. Arrest
- _________________
- STOP:
- Justification | Reasonable suspicion
- Warrant | None
- Officer's Intent | To investigate suspicious activity
- Search | "Pat-down" for weapons
- Scope | Outer-clothing
- Record | Nothing other than field notes for the officer
-
- ARREST:
- Justification | Probable cause
- Warrant | Maybe
- Officer's Intent | To make a formal charge
- Search | Full search for weapons and evidence
- Scope | Area within suspect's immediate control
- Record | fingerprints, photographs and booking
-
- Conclusion:
- I hope this text phile will give you a general idea of how arrest and the like are conducted.
- There is no excuse for not knowing your rights. If they screw up on anything mentioned in here,
- such as use of excessive force, harassment, you remember it and if it goes so far, tell your
- lawyer, it could save your ass, literally.
-
-
- Rabbyt
- http://www.warpedreality.com/gashous
-