Criminal Procedures
Probable Cause
Probable Cause means a reasonable person would believe that a crime was in the process of being committed, had been committed, or was going to be committed. It gives the police department reason to obtain a warrant for the arrest of a suspected criminal, issue a search warrant, or make an arrest at the scene of a crime.
Reasonable Suspicion
Reasonable Suspicion has been defined by the United States Supreme Court as “ The sort of common-sense conclusion about human behavior upon which practical people . . . are entitled to rely”. This means that it is required to have more than a “hunch”. It requires facts or circumstances that give rise to more than a bare, imaginary, or conjectural suspicion. IF an officer has reasonable suspicion in a situation, he/she may frisk or detain the suspect. Reasonable Suspicion does not allow for the searching of a person or vehicle, nor is it enough for an arrest or a search warrant.
Search of Persons and Vehicles
LEOs are permitted to deprive someone of their right to privacy if the following applies:
i). Probable cause for search
ii). Consent
iii). Plain View Doctrine
iv). Connection to Arrest
v). Exigent Circumstances LEO’s may search a person's vehicle if given consent or if the vehicle was used in a crime.
Prisoners lose general rights to privacy while in DOC
They are not protected from warrantless searches of their person or cell
Legal Representation During Questioning
Suspects during questioning have the right to legal representation during processing. Legal representation must be BAR certified and have a clear record. During legal representation, LEOs are REQUIRED to make sure the attorney and suspects are seen in an interrogation room where they may receive privacy to talk. LEO’s are the only ones permitted inside of the cell area. No one apart from Police Department personnel are permitted in any cell block area. No government officials regardless of their statue are permitted inside of the cell block area.
It is important to note that LEOs may need to negotiate with any attorneys during the arrest of a suspect to ensure a suitable outcome for both the suspect and the LEO. LEO’s and Attorneys / lawyers should do so in private.
Attorneys do not have any legal power against LEOs and cannot make any demands to let the suspect go or force LEOs to make actions as though they are a judge. Attorneys can simply make suggestions based upon the facts and it is up to the LEOs to action these suggestions if it is needed to ensure all arrests are lawful or that the actions of the LEO are also lawful.
Non-Arrest questioning
If you are questioning a suspect before you arrest them, then all they have said is admissible in a court of law as long as the questioning happened before detainment / arrest. Otherwise as soon as they are detain / arrested you must read suspects their rights for their statements to be admissible in a court of law
Prisoner transport
Prisoner transportation is the responsibility of the arresting LEO, how they transport the suspect will vary per situation (ex. Motor unit makes an arrest but cannot transport suspects so they request an addition to transport). LEOs transporting individuals are responsible for the individual's safety at all times and must secure said individuals if they are not able to so themselves. LEOs should take active measures to prevent in-custody deaths/harm. LEOs are not permitted to drive to any sort of incident/scene with any individuals in custody. If the individual requests food and water while detained/arrested the LEO must provide food and water.
Once at a station, escort the suspect to the holding cells (closing and locking all doors behind you). Once a suspect is in cells, they remain cuffed until cell doors are closed and locked. They may come to you then to be uncuffed through cell bars.
Criminal Informations/Plea Deals
Individuals who are being processed by Law Enforcement may request to provide information for a reduced sentence. If an individual requests this, LEOs must make an attempt to contact a detective with the Criminal Investigation Division. The CSI detective will take the suspect from you and conduct some questions with the individual in private.
Detectives may deny them the opportunity to become an informant if the individual is excessively non compliant. LEOs may not force people to become informants and give locations.
Charge Stacking/Fines
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