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(11) Field Interviews

(11) Field Interviews - CJ 1123 Evidence and Procedure...

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CJ 1123 Evidence and Procedure Field Interviews, Arrests and Jail Searches Field Interviews, Arrests and Jail Searches 11.1 Field Interviews Police frequently observe something that indicates that further investigation is needed Initial observation may not give the officer enough info to arrest someone but indicates that something is going on Based on what the find during the field interview – they may either make an arrest or release the person involved Right to Detain Officers have the right to act even though the facts do not indicate that an arrest should be made Leading case is Terry v Ohio Standard for temporary detention – reasonable suspicion Police may temporarily detain someone for questioning if there are specific articulable facts that lead a reasonable police officer to believe that criminal activity is occurring Detain Requires less facts Cite facts that a crime was believed to be in progress Reasonable officer would believe that some criminal activity is occurring Based on what a “reasonable officer” would believe Arrest requires more facts necessary to believe a specific crime was in progress more probable than not that the suspect committed a crime based on what a “reasonable person” would conclude Meridith Spencer Page 1 of 7
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Anytime an officer has the right to detain someone, they have the right to use force to prevent that person from leaving Force used must be reasonable under the circumstances Deadly forces only justified if a life is in danger – Tennessee v Garner Police can not stop people any time they feel like it May stop someone based on reasonable suspicion – but not randomly, on mere suspicion or on a hunch Officers must have specific facts to justify detention SC has never set a specific time limit on temporary detentions – length of time must allow the officer to conduct a brief investigation (one case with 90 minutes was held to be too long) (cases with 20 minute stops have been upheld) Detention should last no longer than necessary to determine if the person stopped was actually involved in a crime Courts have interpreted the temporary detention standard quite freely Illinois v Wardlow – the fact that a person ran from the scene when a police officer approached is sufficient grounds to detain the individual for questioning Merely associating with other known criminals or loitering in a high crime area – not sufficient to make a stop Adams v Williams – police may use facts supplied by others (for a temp det) if there is sufficient reason to believe the person supplying them is reliable The totality of the circumstances test is used – even if the info came from an anonymous informant An anonymous tip (unconfirmed by police) is not enough to detain someone even though the informant stated that the suspect was armed (Florida v JL) Police may also detain someone on the basis of a wanted flyer (US v Hensley) Wanted flyer usually creates reasonable suspicion
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