Chapter 16

1. Chapter 16 Arrest, Interrogation, and Identification

2. Introduction • Arrest – deprivation of a person’s liberty by someone with legal authority. • Interrogation – questioning of a suspect by law enforcement officers, either to elicit a confession, an admission, or information that otherwise assists them in solving a crime.

3. Arrest, Investigatory Detention, and Other Police-Citizen Encounters A seizure occurs when a police officer by means of physical force or show of authority, has in some way restrained the liberty of a citizen. A person would believe that he was not free to leave.

4. Arrest, Investigatory Detention, and Other Police-Citizen Encounters Courts have identified four distinct types of police-citizen encounters: • Police requests for information or identification – questions asking people for information or proof of their identity. • Roadblocks and Sobriety Checkpoints – apprehending fleeing suspects. • Investigatory Detention • Reasonable suspicion • Pat-down search • Arrest • Probable cause to make arrest must precede the search; police may not use search as a means to justify arrest

5. Arrest, Investigatory Detention, and Other Police-Citizen Encounters Courts are generally inclined to uphold warrantless entries into homes for the purpose of arrest if the following conditions are met: • There is probable cause to arrest the suspect. • Police have good reason to believe the suspect is on the premises. • There is good reason to believe the suspect is armed and dangerous. • There is strong probability that the suspect will escape or evidence will be destroyed • The entry can be effected peaceably. • The offense under investigation is a serious felony.

6. Arrest, Investigatory Detention, and Other Police-Citizen Encounters A private person may arrest another: • For a public offense committed or attempted in his presence. • When person arrested has committed a felony, even if not in his presence. • When felony has been committed, and he has reasonable cause for believing the person arrested to have committed it.

7. Interrogation and Confessions When interrogating suspects, you must warn them of their right to remain silent and their right to have counsel present during questioning. • Fruit of the Poisonous Tree Doctrine – evidence that is derived from inadmissible evidence. • Derivative Evidence – evidence that is derived from or obtained only as a result of other evidence. • Independent Source Doctrine – permits evidence to be admitted at trial as long as it was obtained independently from illegally obtained evidence. • Inevitable Discovery Doctrine – evidence derived from inadmissible evidence is admissible if it inevitably would have been discovered independently by lawful means.

8. Interrogation and Confessions continued: • Public Safety Exception to Miranda – police may ask suspects questions designed to locate weapons that might be used to harm the police or other people before providing the Miranda warnings. Even when police provide the Miranda warnings and suspect agrees to talk to police without having counsel present, a confession elicited from the suspect is inadmissible if it is obtained through coercion, whether physical intimidation or psychological pressure. A confession is voluntary when it is made with knowledge of its nature and consequences and without duress or inducement.

9. Identification Procedures • Forensic Methods – application of scientific principles to legal issues. • Handwriting exemplar – sample of suspect’s handwriting. • Voice exemplar – sample of suspect’s voice. • Lineups – group of individuals including the suspect appear before a victim or witness who is usually shielded from the suspect’s view. • Showups – police take victim to the suspect to see if the former can make an identification. • Photo Packs – a set of mug shot that are shown to victims and witnesses.