Basic Course Workbook Series - California

1 California COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Basic Course Workbook Series Student Materials Learning Domain 15 Laws of Arrest Version THE MISSION OF THE California COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING IS TO CONTINUALLY ENHANCE THE PROFESSIONALISM OF California LAW ENFORCEMENT IN SERVING ITS COMMUNITIES Basic Course Workbook Series Student Materials Learning Domain 15 Laws of Arrest Version Copyright 2008 California Commission on Peace Officer Standards and Training (POST) All rights reserved. Published1998 Revised August 2001 Revised January 2006 Revised July 2008 Correction June 2017 Correction April 2019 Revised April 2021 This publication may not be reproduced, in whole or in part, in any form or by any means electronic or mechanical or by any information storage and retrieval system now known or hereafter invented, without prior written permission of the California Commission on Peace Officer Standards and Training, with the following exception: California law enforcement or dispatch agencies in the POST program, POST-certified training presenters, and presenters and students of the California Basic Course instructional system are allowed to copy this publication for non-commercial use.

2 All other individuals, private businesses and corporations, public and private agencies and colleges, professional associations, and non-POST law enforcement agencies in-state or out-of-state may purchase copies of this publication, at cost, from POST as listed below: From POST s Web Site: Go to Ordering Student Workbooks POST COMMISSIONERS Joyce Dudley Chair District Attorney Santa Barbara County Rick Braziel Vice Chair Educator Humboldt State University Alan Barcelona Special Agent California Department of Justice Ingrid Braun Sheriff-Coroner Mono County Sheriff s Department Lai Lai Bui Sergeant Sacramento Police Department Barry Donelan Sergeant Oakland Police Department Robert T. Doyle Sheriff Marin County P. Lamont Ewell Public Member Geoff Long Public Member John McMahon Sheriff San Bernardino County Jethroe Moore, II Public Member James O Rourke Sergeant California Highway Patrol Batine Ramirez Sergeant Placer County Sheriff s Department John Marsh Representing Rob Banta Attorney General Ex-Officio Member Chief Director of Division of Law Enforcement THE ACADEMY TRAINING MISSION The primary mission of Basic training is to prepare students mentally, morally, and physically to advance into a field training program, assume the responsibilities, and execute the duties of a peace officer in society.

3 FOREWORD The California Commission on Peace Officer Standards and Training sincerely appreciates the efforts of the many curriculum consultants, academy instructors, directors and coordinators who contributed to the development of this Workbook . We must also thank the California law enforcement agency executives who allowed their personnel to participate in the development of these training materials. This student Workbook is part of the POST Basic Course Training System. The Workbook component of this system provides a self-study document for every learning domain in the Basic Course . Each Workbook is intended to be a supplement to, not a substitute for, classroom instruction. The objective of the system is to improve academy student learning and information retention and ultimately contribute to you becoming a peace officer committed to safety, and to the communities you will serve. The content of each Workbook is organized into sequenced learning modules to meet requirements as prescribed both by California law and the POST Training and Testing Specifications for the Basic Course .

4 It is our hope that the collective wisdom and experience of all who contributed to this Workbook will help you, the student, to successfully complete the Basic Course and to enjoy a safe and rewarding career as a peace officer. MANUEL ALVAREZ, Jr. Executive Director LD 15: Laws of Arrest i LD 15: Laws of Arrest Table of Contents Topic See Page Preface Introduction How to Use the Workbook iv iv v Chapter 1: Constitutional Protections and the Role of a Peace Officer Overview Overview of the and California Constitutions Fourth Amendment Fifth Amendment Sixth Amendment Fourteenth Amendment Civil Rights Statutes Chapter Synopsis Workbook Learning Activities 1-1 1-1 1-3 1-4 1-6 1-8 1-10 1-11 1-15 1-17 Chapter 2: Consensual Encounters Overview Consensual Encounters Elevating Consensual Encounters Chapter Synopsis Workbook Learning Activities 2-1 2-1 2-2 2-4 2-6 2-7 Continued on next page Table of Contents, Continued ii LD 15: Laws of Arrest Topic See Page Chapter 3.

5 Detentions Overview Detentions Reasonable Suspicion for a Detention Appropriate Actions During a Detention Searches and Seizures During a Detention Use of Force/Physical Restraint During a Detention Chapter Synopsis Workbook Learning Activities 3-1 3-1 3-3 3-6 3-9 3-13 3-16 3-17 3-19 Chapter 4: Arrests Overview Probable Cause for Arrest Elements of a Lawful Arrest Information to an Arrestee Warrantless Arrests for Misdemeanors and Felonies Warrant Arrests Entry into a Dwelling to Make an Arrest Private Person Arrests Use of Force/Physical Restraint During an Arrest Disposition of Arrestees Immunity and Statute of Limitations Chapter Synopsis Workbook Learning Activities 4-1 4-1 4-4 4-7 4-9 4-11 4-15 4-17 4-20 4-24 4-25 4-29 4-32 4-35 Continued on next page Table of Contents, Continued LD 15: Laws of Arrest iii Topic See Page Chapter 5: Administration of Miranda Warnings Overview The Miranda Warning When the Miranda Warning is Required Waiving or Invoking Miranda Rights Exception to the Rule of Miranda Chapter Synopsis Workbook Learning Activities 5-1 5-1 5-3 5-4 5-8 5-15 5-16 5-18 Chapter 6: Crime Scene Interviews and Investigative Interrogations Overview Crime Scene Interviews Investigative Interrogations Chapter Synopsis Workbook Learning Activities 6-1 6-1 6-3 6-9 6-14 6-15 Glossary G-1 Continued on next page Table of Contents, Continued iv LD 15: Laws of Arrest This page was left intentionally blank.

6 LD 15: Laws of Arrest v How to Use the Student Workbook Introduction This Workbook provides an introduction to the training requirements for this Learning Domain. It is intended to be used in several ways: for initial learning prior to classroom attendance, for test preparation, and for remedial training. Workbook format To use the Workbook most effectively, follow the steps listed below. Step Action 1 Read the first two sections: How to Use the Workbook and Preface which provide an overview of how the Workbook fits into the POST Instructional System and how it should be used. 2 Refer to the overview section at the start of each chapter to review the learning objectives. 3 Read the text. 4 Refer to the Chapter Synopsis section at the end of each chapter to review the key points that support the chapter objectives. 5 Complete the Workbook Learning Activities at the end of each chapter. These activities reinforce the material taught in the chapter.

7 6 Refer to the Glossary section for a definition of important terms. The terms appear throughout the text and are bolded and underlined the first time they appear ( , term). vi LD 15: Laws of Arrest Preface Introduction Student workbooks The student workbooks are part of the POST Basic Course Instructional System. This system is designed to provide students with a self-study document to be used in preparation for classroom training. Regular Basic Course training requirement Completion of the Regular Basic Course is required, prior to exercising peace officer powers, as recognized in the California Penal Code and where the POST-required standard is the POST Regular Basic Course . Student Workbook elements The following elements are included in each Workbook : chapter contents, including a synopsis of key points supplementary material a glossary of terms used in this Workbook LD 15: Chapter 1 Constitutional Protections and the Role of a Peace Officer 1-1 Chapter 1 Constitutional Protections and the Role of a Peace Officer Overview Learning need Peace officers must have an understanding of the amendments to the Constitution, and similar sections of the California Constitution that are related to the authority, liability, and responsibility they have in making arrests.

8 Learning objectives The chart below identifies the student learning objectives for this chapter. After completing study of this chapter, the student will be able Objective ID recognize a peace officer s responsibility in relation to the protections and rights included in the following amendments to the Constitution and related California Constitution sections: - Fourth Amendment - Fifth Amendment - Sixth Amendment - Fourteenth Amendment recognize a peace officer s responsibility in relation to the protections included under federal civil rights statutes Continued on next page Overview, Continued 1-2 LD 15: Chapter 1 Constitutional Protections and the Role of a Peace Officer In this chapter This section focuses on the and California constitutional provisions that directly impact peace officers. Refer to the chart below for a specific topic. Topic See Page Overview of the and California Constitutions 1-3 Fourth Amendment 1-4 Fifth Amendment 1- 6 Sixth Amendment 1-8 Fourteenth Amendment 1-10 Civil Rights Statutes 1-11 Chapter Synopsis 1-15 Workbook Learning Activities 1-17 LD 15: Chapter 1 Constitutional Protections and the Role of a Peace Officer 1-3 Overview of the and California Constitutions Introduction A Constitution is a written document which embodies the Basic laws of a nation or state, defines the powers and duties of the government, and guarantees certain rights to the public.

9 Ethics The authority to arrest and to deprive a person of freedom is one of the most serious and sensitive duties of a peace officer. Americans place high value on their personal freedom; they give the power of arrest to peace officers in full faith and consent with the understanding that it is to be used judiciously and under the strictest of limitations. The misuse of this authority undermines the relationship between peace officers and the community members they serve. History of the Federal Constitution The Constitution became effective in March 1789. The authors established this document to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty. Amendments to the Constitution The first session of Congress proposed 10 amendments to the Constitution. These amendments are called the Bill of Rights. Since 1791, 17 additional amendments have been proposed by Congress and ratified by the voters.

10 California Constitution In 1850, California became the 31st state to enter the Union, adopting its own Constitution in 1879. All the laws passed by the voters in the state must comply with the California Constitution, which is organized into articles that represent different subject matter areas. Officer responsibility During the performance of their duties peace officers have a legal, moral and ethical responsibility to protect all of the rights afforded to a citizen by the United States and California Constitutions. 1-4 LD 15: Chapter 1 Constitutional Protections and the Role of a Peace Officer Fourth Amendment Text The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.