*****DIRECTIVE 5.16 Flashcards Preview

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Flashcards in *****DIRECTIVE 5.16 Deck (16)
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0
Q
  1. What are all persons accused of a crime afforded

2 what will the identification procedure be 2

A
  1. A lineup or a confrontation
  2. It is I’ll be non suggestive
    and
  3. will not prejudice the rights of any person
1
Q

Suspect confrontations lineups and removal of persons

A

5.16. 58

2
Q
  1. Why is a suspect confrontation
  2. What have confrontations been deemed to be by the Supreme Court
  3. Unless what
A
  1. A face to face encounter for identification purposes between a victim/witness and a suspect
  2. Highly improperly suggestive.
  3. Unless there are prevailing circumstances
3
Q
  1. What type of circumstances will justify a suspect confrontation
A
  1. When the victim or witness might die or become unavailable during the time it would take to set up a lineup
  2. When a suspect requests an immediate confrontation.
  3. When there is probable cause to arrest a suspect who is located within a reasonable time period after the comission of a crime and it is necessary to immediately determine whether the perp has been apprehended or to continue the search
4
Q
  1. If a suspect requests a confrontation. Who else should be present
  2. Are police under any obligation to to arrange a confrontation just because a suspect requests one.
A
  1. A neutral witness. Their babe must be recorded

2. No

5
Q
  1. When can a suspect be arrested without a warrant 2.
  2. What if the crime is a misdemeanor not committed in the presence of the police officer
  3. What are the exceptions to needing a warrant for a misdeamenor arrest. 3
A
  1. If the crime is a felony
  2. And probable cause exists
  3. Then the suspect can only be arrested pursuant to an arrest warrant
  4. All thefts.
  5. Domestic a use.
  6. DUI.
6
Q
  1. What will the officer do if a person is stopped for investigation of a felony. And there is not enough probable cause for an arrest. But there is reasonable suspicion enough to detain the person
A

THE OFFICER

  1. Will not remove the person from his location.
  2. Will lot transport the person to the Victim or complainant
  3. Will request a supervisor to respond to the suspect location to determine is a confrontation is justified.
  4. Detain the suspect at the location
  5. Have the victim or witness transported to the suspect for identification.
  6. Do not have the fruits of a crime or other questioned articles transported to the witness or victims location for identification
7
Q
  1. When are the only times a suspect can be removed from their location and brought to the witness or victim for identification
  2. What if the suspect is a juvenile.
  3. What must police do if the suspect gives consent to be moved for a confrontation
A
  1. The suspects consents.
  2. Emergency circumstances exist like the witness may die, is hospitalized , or is physically handicapped and can’t be moved
  3. Then his parent or guardian must consent
  4. Police must infirm him of their right to remain at their present location and right to have the witness Brought to them
  5. The suspect must not be in handcuffs or restrained when giving consent
8
Q
  1. What can police be sure to never do
A
  1. The officer must never suggest or or make actions to infer that the suspect is the actual offender
9
Q
  1. Who has the responsibility to direct , coordinate , schedule , and supervise weekly lineups
  2. Where do weekly lineups take place
  3. On what days
  4. Who will contact major crimes to have a suspect put in a lineup
  5. Who will inform and instruct the the witness and victim of where and when to be present for the lineup
A
  1. The major crimes unit
  2. The CFCF.
  3. Wednesday and Thursday
  4. The command officer of the detective division
  5. The commanding officer of the detective division / the detective division
10
Q
  1. Who will provide transportation for witnesses or victims to go up to CFCF or house of corrections for a lineup
A
  1. The detective division
11
Q
  1. If the detective division cannot notify the witness in time. They just let major crimes know to cancel when
A
  1. Must be notified by 12PM on the day preferring the scheduled lineup
12
Q
  1. Who are present during a lineup at CFCF or house of corrections
  2. Who will notify private attorneys of the date and time of a lineup
A
  1. ADA.
  2. Public defender or private attorney
  3. Major crimes unit
13
Q
  1. What must police read to a person who is of interest in an investigation before removing them if they are not under arrest
  2. What must the suspect do before being removed
  3. Can police question the suspect at the place of initial Contact.
  4. When do police not have to read the information card to the suspect
A
  1. The information card (75-misc 6).
  2. The suspect must voluntarily consent to being relocated
  3. Yes.
  4. If he is questioned at the initial place of contact and not removed
14
Q
  1. Police sweeps or dragnets involving the stop , search , frisk , questioning , and / or arrest of s person based solely on what …….. Is strictly what …….
A
  1. Their presence at a particular location or in a designated area.
    Is strictly prohibited
15
Q
  1. Who will respond to a location and decide if a confrontation is justified
A
  1. A supervisor

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