Peace officers need to understand how the Miranda decision protects a
person’s right against _ _. (5th Amendment)
Requirement that before entering a dwelling to make an arrest, with or without a warrant, peace officers must give notice to the person inside through certain actions
Penal Code Section 841 requires that any person making an arrest must
convey certain information to the person arrested at the time of the arrest. The
three things that must be explained are, _, _, and _.
A peace officer is _ _ to give the Miranda warning if there is
imminent concern for the safety of a person or the public.
Compliance with Miranda allows any statement the person makes to be
admitted against him at trial to prove _ without violating the person’s _ _ right against self-incrimination.
An arrest may be made by _ _ of the person or by the person’s
_ to the officer’s authority
A detention or stop is an assertion of authority that would cause reasonable
individuals to believe they are _ _ _ _. A detention is limited in
scope, intensity, and duration. A detention is not an arrest.
Penal Code Sections 834 and 835 authorize peace officers and _ _
to make arrests.
_ + _ = Need for Miranda Warning
Verticales
Peace officers are required to apply the law equally to all people. They must treat them the same regardless of _, _, nationality, religious preference, or national origin.
Once this right attaches (indictment/_ _ _) and the person is
represented by counsel, peace officers are prohibited from initiating
interrogation of the person about the charged crime, except in the presence of
counsel.
Driving behaviors, demeanor, appearance/condition of the person, actions, prior knowledge of a person, as well as officer training/experience are all considered _ _ to reasonable suspicion for a detention
Authorizes peace officers to use force that is
reasonable and necessary to make an arrest, prevent his escape, or overcome
resistance.
During consensual encounter if an officer activates their emergency lights, uses an accusatory tone of voice, physically positions themself to prevent the person from leaving are all considered _ _.
A formal arrest or the "functional equivalent"
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